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AR 91/2009 PROGRAMS OF STUDY REGULATION

(Consolidated up to 227/2018)

ALBERTA REGULATION 91/2009

Post‑secondary Learning Act

PROGRAMS OF STUDY REGULATION

Table of Contents

                1      Definitions

Programs of Study

                2      Application for approval

                3      Minister’s approval of diploma or certificate program

                4      Minister’s referral of degree program


                5      Council review of degree program

                6      Minister’s approval of degree program after review

             6.1      Powers of Minister to monitor

                7      Council’s duty to establish standards and conditions

                8      Powers of Council to ensure compliance

                9      Recommendation of Council if standards or conditions not met

              10      Minister’s cancellation of approved degree program

           10.1      Minister's cancellation of approval of diploma
or certificate program

              11      Minister’s recommendation to Lieutenant Governor in Council

              12      Order of Lieutenant Governor in Council

Other Programs

              14      Degree in divinity

Repeal and Expiry

              15      Repeal

Definitions

1(1)  In this Regulation,

                               (a)    “Act” means the Post‑secondary Learning Act;

                              (b)    “Council” means the Campus Alberta Quality Council established under the Act;

                               (c)    “degree program” means a program of study that leads to the granting of a degree;

                              (d)    “diploma or certificate program” means a program of study that leads to the granting of a diploma or certificate;

                               (e)    “institution” means a public post‑secondary institution, a resident private post‑secondary institution or a non‑resident institution.

(2)  For the purposes of the Act, “foundational learning program” means

                               (a)    an academic upgrading program,

                              (b)    a career entry program with a duration of one year or less,

                               (c)    an English as a second language program, or

                              (d)    an adult basic education program.

AR 91/2009 s1;227/2018

Programs of Study

Application for approval

2(1)  The following must apply for approval, in the form required by the Minister:

                               (a)    a public post‑secondary institution that proposes to establish, change, extend, suspend, terminate, reactivate or transfer a degree program or a diploma or certificate program offered or to be offered in Alberta;

                              (b)    a resident private post‑secondary institution or non‑resident institution that proposes to establish, change, extend, suspend, terminate, reactivate or transfer a degree program offered or to be offered in Alberta.

(2)  A post‑secondary institution assigned to the Independent Academic Institutions sector that proposes to offer a diploma or certificate program in Alberta may apply for approval in the form required by the Minister.

AR 91/2009 s2;227/2018

Minister’s approval of diploma or certificate program

3   On receiving an application made under section 2 respecting a program of study that is a diploma or certificate program, the Minister may approve that diploma or certificate program if the Minister is satisfied that the program meets the Minister’s criteria for post‑secondary system co‑ordination.

AR 91/2009 s3;227/2018

Minister’s referral of degree program

4   On receiving an application made under section 2 respecting a program of study that is a degree program, the Minister may, if the Minister is satisfied that the degree program meets the Minister’s criteria for post‑secondary system co‑ordination, refer the application to the Council for review.

Council review of degree program

5(1)  The Council must review an application respecting a degree program referred to it by the Minister under section 4 to determine if the applicant institution and the proposed degree program meet the minimum standards and conditions established by the Council.

(2)  If the Council determines that all of the conditions and standards referred to in subsection (1) are met, the Council must recommend to the Minister that the degree program be approved.

(3)  If the Council determines that any of the conditions or standards referred to in subsection (1) are not met, the Council may recommend to the Minister that the degree program not be approved.

Minister’s approval of degree program after review

6(1)  After receiving the Council’s recommendation under section 5(2) or (3) with respect to a degree program, the Minister

                               (a)    may approve the degree program if the application was made by

                                        (i)    a public post‑secondary institution,

                                      (ii)    a non‑resident institution, or

                                     (iii)    a resident private post‑secondary institution that already offers an approved degree program in Alberta,

                                  or

                              (b)    if the application was made by a resident private post‑secondary institution that does not already offer an approved degree program in Alberta, may

                                        (i)    recommend to the Lieutenant Governor in Council that an order be made under section 12(1), and

                                      (ii)    after an order under section 12(1) is made, approve the degree program.

(2)  The Minister may make a recommendation to the Lieutenant Governor in Council or approve a degree program under subsection (1) only if the Minister is satisfied, after the Council’s recommendation under section 5(2), that the program continues to meet the Minister’s criteria for post‑secondary system co‑ordination.

AR 91/2009 s6;227/2018

Powers of Minister to monitor

6.1   The Minister may monitor a program approved under section 3 or 6 to ensure that the program continues to meet the Minister’s criteria for post‑secondary system co‑ordination.

AR 227/2018 s6

Council’s duty to establish standards and conditions

7   In order to carry out its functions under this Regulation, the Council shall establish the minimum standards and conditions referred to in section 5(1) for institutions and for degree programs.

Powers of Council to ensure compliance

8   The Council may, on the referral to it of a matter by the Minister relating to an approved or proposed degree program,

                               (a)    review and monitor a degree program to ensure compliance with the standards and conditions established under section 7,

                              (b)    require a report from the governing body of an institution on any matter relating to an approved or proposed degree program that the institution offers or proposes to offer, and

                               (c)    appoint persons to provide advice and recommendations relating to the review and evaluation by the Council of a degree program under clause (a) or section 5.

Recommendation of Council if standards or conditions not met

9   If the Council determines that any of the standards or conditions established under section 7 are no longer being met with respect to an institution or a degree program offered by an institution, the Council

                               (a)    may recommend to the Minister that the Minister cancel the approval of one or more degree programs offered by the institution, and

                              (b)    may, if the institution is a resident private post‑secondary institution, also recommend to the Minister that the Minister recommend to the Lieutenant Governor in Council that the order designating the resident private post‑secondary institution as a private post‑secondary institution that may grant approved degrees be rescinded.

AR 91/2009 s9;227/2018

Minister’s cancellation of approved degree program

10   The Minister may cancel the approval of a degree program

                               (a)    on receiving a recommendation of the Council under section 9(a),

                              (b)    if the Minister has reason to believe that an institution has suspended or terminated the approved degree program, or

                               (c)    if, in the opinion of the Minister, it is necessary to cancel the approval for any other reason.

AR 91/2009 s10;227/2018

Minister's cancellation of approval of diploma
or certificate program

10.1   The Minister may cancel the approval of a diploma or certificate program

                               (a)    if the Minister has reason to believe that the institution has suspended or terminated the approved diploma or certificate program, or

                              (b)    if, in the opinion of the Minister, it is necessary to cancel the approval for any other reason.

AR 227/2018 s8

Minister’s recommendation to Lieutenant Governor in Council

11   The Minister may recommend to the Lieutenant Governor in Council that an order designating a resident private post‑secondary institution as a private post‑secondary institution that may grant approved degrees be rescinded

                               (a)    on receiving a recommendation of the Council under section 9(b),

                              (b)    if the Minister has reason to believe that a resident private post‑secondary institution has discontinued all of the approved degree programs offered by the post‑secondary institution, or

                               (c)    if, in the opinion of the Minister, it is necessary to rescind an order designating a resident private post‑secondary institution as a private post‑secondary institution that may grant approved degrees for any other reason.

AR 91/2009 s11;227/2018

Order of Lieutenant Governor in Council

12(1)  On the recommendation of the Minister under section 6(b)(i), the Lieutenant Governor in Council may by order designate a resident private post‑secondary institution as a private post‑secondary institution that may grant approved degrees.

(2)  On the recommendation of the Minister under section 11, the Lieutenant Governor in Council may by order rescind an order designating a resident private post‑secondary institution as a private post‑secondary institution that may grant approved degrees.

AR 91/2009 s12;227/2018

Other Programs

13   Repealed AR 227/2018 s9.

Degree in divinity

14(1)  Section 106(1) of the Act does not apply in respect of a degree in divinity that, in the opinion of the Minister, primarily prepares students for service in the work of a religious group.

(2)  A degree in divinity must be given a name that distinguishes it from an academic degree that is granted by an institution and has been approved under the Act.

Repeal and Expiry

Repeal

15   The Approval of Programs of Study Regulation (AR 51/2004) is repealed.

16   Repealed AR 251/2017 s2.