Copyright and Disclaimer Print


AN ACT TO IMPROVE THE AFFORDABILITY AND ACCESSIBILITY OF POST-SECONDARY EDUCATION

AN ACT TO IMPROVE THE
AFFORDABILITY AND ACCESSIBILITY
OF POST‑SECONDARY EDUCATION

Chapter 19

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


Amends SA 2003 cP‑19.5

1   The Post‑secondary Learning Act is amended by this Act.

 

2   The preamble is repealed and the following is substituted:

WHEREAS the Government of Alberta is committed to ensuring that Albertans have the same opportunity to obtain a high‑quality post‑secondary education, achieve their full potential and contribute to their communities through an adult learning system that is accessible, affordable, high‑quality, accountable and coordinated;

WHEREAS an accessible system is one in which all Albertans have an ability to plan a career path and receive post‑secondary education regardless of their location or barriers;

WHEREAS an affordable system is one in which finances do not limit any Albertan from accessing post‑secondary education;

WHEREAS a high‑quality system is one in which students are well prepared for further learning or the workforce and can contribute to Alberta’s society, and in which post‑secondary programs and research are recognized nationally and internationally;

WHEREAS an accountable system is one in which all Albertans have access to clear information about post‑secondary providers that are effectively governed, financially sustainable, fiscally responsible and collaborative with their communities, government and each other; and

WHEREAS a coordinated post‑secondary system is one in which programs are integrated and diverse, without being duplicative or redundant, and in which the mandates and roles of students, educators, providers and government are clearly articulated and differentiated;

 

3   Section 1 is amended

                             (a)    by repealing clauses (a) and (b) and substituting the following:

                                   (a)    “academic council” means the academic council of a comprehensive community college or polytechnic institution;

                                   (b)    “academic staff association” means an academic staff association of a comprehensive community college, polytechnic institution or university established under section 85;

                             (b)    by adding the following after clause (c.1):

                                (c.2)    “Alberta CPI” means the All‑items Consumer Price Index for Alberta published by Statistics Canada;

                                (c.3)    “apprenticeship program” means an apprenticeship program under the Apprenticeship and Industry Training Act;

                                (c.4)    “apprenticeship technical training” means technical training under the Apprenticeship and Industry Training Act;

                             (c)    by repealing clause (d);

                             (d)    by adding the following after clause (f):

                                 (f.1)    “comprehensive academic and research university” means a comprehensive academic and research university established under section 3 or a university continued under section 125.2 to be a comprehensive academic and research university;

                                 (f.2)    “comprehensive community college” means a comprehensive community college established under section 40 or a public college continued under section 125.3 to be a comprehensive community college;

                                 (f.3)    “domestic student” means a student who is a Canadian citizen, a permanent resident of Canada or a protected person under subsection 95(2) of the Immigration and Refugee Protection Act (Canada);

                             (e)    by repealing clause (h) and substituting the following:

                                   (h)    “graduate students association” means a graduate students association of a university established under section 94 or a graduate students association of a university continued under section 125.2 to be a graduate students association of a university;

                              (f)    by adding the following after clause (k):

                              (k.01)    “polytechnic institution” means a polytechnic institution established under section 40 or a technical institute continued under section 125.4 to be a polytechnic institution;

                             (g)    by repealing clause (m) and substituting the following:

                                  (m)    “private post‑secondary institution” means a post‑secondary institution other than a public post‑secondary institution;

                             (h)    in clause (n) by striking out “diploma, certificate or applied degree” and substituting “diploma or certificate”;

                              (i)    by repealing clause (o);

                              (j)    by repealing clause (p) and substituting the following:

                                   (p)    “public post‑secondary institution” means Banff Centre, a university, a comprehensive community college, a polytechnic institution or any other institution established under this Act that is designated by the regulations as a public post‑secondary institution;

                             (k)    by repealing clause (r) and substituting the following:

                                    (r)    “students association” means a students association of a university, comprehensive community college or polytechnic institution established under section 93 or the students association of a university, public college or technical institute continued under section 125.2, 125.3 or 125.4 to be a students association of a university, comprehensive community college or polytechnic institution;

                              (l)    by repealing clause (t);

                            (m)    by adding the following before clause (u):

                                 (t.1)    “undergraduate university” means an undergraduate university established under section 3.1, an undergraduate university established under section 32.1 and a college deemed established under section 32.2 or 32.3 as an undergraduate university;

                             (n)    by repealing clause (u) and substituting the following:

                                   (u)    “university” means a comprehensive academic and research university or an undergraduate university.

 

4   Section 3 is repealed and the following is substituted:

Establishment of comprehensive academic
and research universities

3(1)  The Lieutenant Governor in Council may by order establish a comprehensive academic and research university.

(2)  An order made under subsection (1) must designate the name of the university so established.

Establishment of undergraduate universities

3.1(1)  The Lieutenant Governor in Council may by order establish an undergraduate university.

(2)  An order made under subsection (1) must designate the name of the university so established.

 

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

                            (iii)    in the case of a comprehensive academic and research university, the senate, until the commencement of the senate’s first meeting,

 

6   Sections 6, 7 and 8 are repealed and the following is substituted:

Election of chancellor

6(1)  The senate of a comprehensive academic and research university shall elect a chancellor for the university from among

                                   (a)    the persons nominated by the joint committee established under section 7(1), and

                                   (b)    any other persons who are nominated by members of the senate at the meeting of the senate at which the joint committee presents its nominations to the senate.

(2)  An undergraduate university is not required to have a chancellor but if the board determines that the university is to have a chancellor, the chancellor shall be elected by the board from among the persons nominated by the joint committee established under section 7(2).

(3)  A person is not eligible for election as chancellor under this section unless the person is a Canadian citizen or has been lawfully admitted to Canada for permanent residence.

Establishment of a joint committee

7(1)  The senate of a comprehensive academic and research university shall establish a joint committee when

                                   (a)    a comprehensive academic and research university is established under section 3, or

                                   (b)    a vacancy occurs during the term of office of the chancellor of the university or the expiry of the term of office of the chancellor is imminent.

(2)  The board of an undergraduate university shall establish a joint committee,

                                   (a)    if there is no chancellor for the university, when the board determines that the university is to have a chancellor,

                                   (b)    if a vacancy occurs during the term of office of the chancellor of the university, when the board determines that the vacancy is to be filled, or

                                    (c)    if the expiry of the term of office of the chancellor is imminent, when the board determines that a successor is to be elected.

(3)  A joint committee must consist of

                                   (a)    3 members of the general faculties council appointed by the general faculties council,

                                   (b)    3 members of the alumni association appointed by the alumni association,

                                    (c)    in the case of a comprehensive academic and research university, 3 members of the senate appointed by the senate,

                                   (d)    in the case of an undergraduate university, 3 members of the board appointed by the board,

                                    (e)    one member of the students association appointed by the students association or 2 members if the university does not have a graduate students association, and

                                    (f)    if the university has a graduate students association, one member of the graduate students association appointed by the graduate students association.

(4)  A joint committee shall nominate for the office of chancellor of a comprehensive academic and research university the number of persons that the senate directs.

(5)  A joint committee shall nominate for the office of chancellor of an undergraduate university the number of persons that the board directs.

Term of office and removal

8(1)  A chancellor holds office for a term of 4 years and is not eligible for re‑election as chancellor.

(2)  If the senate of a comprehensive academic and research university is satisfied that a person elected as chancellor of the university is, for any reason, no longer capable of acting as chancellor or of fulfilling the chancellor’s duties, the senate may remove that person from office.

(3)  If the board of an undergraduate university is satisfied that a person elected as chancellor of the university is, for any reason, no longer capable of acting as chancellor or of fulfilling the chancellor’s duties, the board may remove that person from office.

 

7   The following is added immediately before section 11:

Definition

10.1   In sections 11 to 15, “university” means a comprehensive academic and research university.

 

8   Section 16(3) is amended

                             (a)    in clause (b) by adding “, if the university has a chancellor” after “university”;

                             (b)    in clause (d)

                                     (i)    in subclause (i) by adding “, if there is an alumni association” after “association”;

                                    (ii)    in subclause (ii) by adding “in the case of a comprehensive academic and research university,” before “one”;

                             (c)    by adding the following after clause (e):

                                    (f)    additional persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister.

 

9   Section 17 is repealed and the following is substituted:

Power of board to own and operate utility

17   In addition to the other powers of a board, a board of a comprehensive academic and research university may own and operate a gas utility as defined in the Gas Utilities Act or a public utility as defined in the Public Utilities Act.

 

10   Section 23 is amended

                             (a)    in clause (a)(v) by adding “, or if none, the officer performing comparable functions” after “librarian”;

                             (b)    in clause (b) by striking out “24” and substituting “24(1)”;

                             (c)    by repealing clause (c) and substituting the following:

                                    (c)    the following student members:

                                           (i)    2 students appointed by the council of the students association;

                                          (ii)    if there is a graduate students association, one student appointed by the council of the association;

 

11   Section 24(2) is amended by striking out “On the direction of the general faculties council from time to time the registrar” and substituting “The general faculties council from time to time”.

 

12   Section 25 is repealed and the following is substituted:

Additional members

25   The members of the general faculties council referred to in section 23(a), (b) and (c) shall appoint the members referred to in section 23(d) from the staff and students of the university, in the number and for the terms of office that the elected and student members and persons who are members by virtue of their offices determine.

 

13   Section 26(1)(c) is amended by striking out “degree or diploma” and substituting “degree, diploma or certificate”.

 

14   The heading preceding section 33 is repealed and the following is substituted:

Establishment of Comprehensive Community
Colleges as Undergraduate Universities
or Polytechnic Institutions

 

15   The following is added before section 33:

Establishment as undergraduate universities
or polytechnic institutions

32.1(1)  Notwithstanding anything in this Act, the Lieutenant Governor in Council may by order, effective on the date set out in the order, establish an existing comprehensive community college as an undergraduate university or a polytechnic institution, and the university or polytechnic institution so established is deemed to have been established respectively under section 3.1 or 40.

(2)  An order under subsection (1) must designate the name of the university or polytechnic institution, as the case may be, and the name of its board of governors.

(3)  Where an order is made under subsection (1) to establish a comprehensive community college as an undergraduate university or polytechnic institution, as the case may be,

                                   (a)    the board of governors of the comprehensive community college is continued under the name set out in the order, and is deemed established as the board of governors of the undergraduate university or polytechnic institution, as the case may be, with the powers and duties of a board of an undergraduate university or polytechnic institution, as the case may be, and with the same members until the membership is changed in accordance with section 16 or 43, as the case may be, or the terms of office of the members expire,

                                   (b)    the academic council of the comprehensive community college becomes,

                                           (i)    in the case of the establishment of the comprehensive community college as an undergraduate university, the general faculties council of the undergraduate university, with the powers and duties of a general faculties council of an undergraduate university, and with the same members until the membership is changed in accordance with section 23 or the terms of office of the members expire, or

                                          (ii)    in the case of the establishment of the comprehensive community college as a polytechnic institution, the academic council of the polytechnic institution, with the same members until the terms of office of the members expire,

                                    (c)    the academic staff association of the comprehensive community college is continued and becomes the academic staff association of the undergraduate university or polytechnic institution, as the case may be, with the powers and duties of an academic staff association of an undergraduate university or polytechnic institution, as the case may be, and with the same executive membership until the terms of office of the members expire, and

                                   (d)    the students association of the comprehensive community college is continued and becomes the students association of the undergraduate university or polytechnic institution, as the case may be, with the powers and duties of a students association of an undergraduate university or polytechnic institution, as the case may be, and with the same council membership until the terms of office of the members expire.

Mount Royal University, Grant MacEwan University

32.2(1)  On the coming into force of this subsection, Mount Royal University and Grant MacEwan University are deemed established as undergraduate universities under section 3.1 under the names Mount Royal University and Grant MacEwan University.

(2)  On the coming into force of this subsection, the corporations known as The Board of Governors of Mount Royal University and The Board of Governors of Grant MacEwan University are continued and deemed established under section 16 as corporations under those names, with the powers and duties of a board of an undergraduate university and with the same members until the membership is changed in accordance with section 16 or the terms of office of the members expire.

(3)  On the coming into force of this subsection, The Mount Royal University Faculty Association and The Faculty Association of Grant MacEwan University are continued under their same names and deemed to be the academic staff associations of the respective undergraduate universities referred to in subsection (1), with the powers and duties of an academic staff association of an undergraduate university.

(4)  On the coming into force of this subsection, the academic councils of Mount Royal University and Grant MacEwan University become general faculties councils of the respective undergraduate universities, with the powers and duties of a general faculties council of an undergraduate university and with the same members until the membership is changed in accordance with section 23 or the terms of office of the members expire.

(5)  On the coming into force of this subsection, the students associations of Mount Royal University and Grant MacEwan University are continued under their same names as the students associations of the respective undergraduate universities referred to in subsection (1), with the powers and duties of a students association of an undergraduate university.

Alberta College of Art and Design

32.3(1)  On the coming into force of this subsection, Alberta College of Art and Design is deemed to be established as an undergraduate university under section 3.1 under the name Alberta University of the Arts.

(2)  On the coming into force of this subsection, the corporation known as The Board of Governors of Alberta College of Art and Design is continued under the name The Board of Governors of Alberta University of the Arts and deemed to have been established under section 16(1), with the powers and duties of a board of an undergraduate university and with the same members until the membership is changed in accordance with section 16 or the terms of office of the members expire.

(3)  On the coming into force of this subsection, the Alberta College of Art and Design Faculty Association is continued under the name Alberta University of the Arts Faculty Association and deemed to have been established under section 85, with the powers and duties of an academic staff association of an undergraduate university.

(4)  On the coming into force of this subsection, the academic council of Alberta College of Art and Design becomes the general faculties council of Alberta University of the Arts, with the powers and duties of a general faculties council of an undergraduate university and with the same members until the membership is changed, subject to subsection (5), in accordance with section 23 or the terms of office of the members expire.

(5)  Notwithstanding section 24(2)(a), the number of elected members of the general faculties council of Alberta University of the Arts must be greater than the number of persons who are members of the general faculties council of Alberta University of the Arts by virtue of their offices.

(6)  On the coming into force of this subsection, the students association of Alberta College of Art and Design is continued under the name Alberta University of the Arts Students’ Association and deemed to have been established under section 93, with the powers and duties of a students association of an undergraduate university.

(7)  Notwithstanding section 102.8(2), Alberta University of the Arts may offer graduate level programs.

 

16(1)  Sections 33 to 35 are repealed.

(2)  Notwithstanding the repeal of sections 33 to 35, those sections continue to apply in respect of Athabasca University.

 

17   Section 36(3) is amended

                             (a)    by striking out “a university established under section 3” and substituting “a comprehensive academic and research university or an undergraduate university”;

                             (b)    by repealing clause (b.1);

                             (c)    in clause (d) by striking out “private college” and substituting “private post‑secondary institution”.

 

18   Section 36.1 is repealed.

 

19   Section 37 is amended by striking out “board of a university” wherever it occurs and substituting “board of a comprehensive academic and research university”.

 

20   Section 38(2) is amended by striking out “private college” and substituting “private post‑secondary institution”.

 

21   The Part 2 heading is repealed and the following is substituted:

Part 2
Comprehensive Community Colleges
and Polytechnic Institutions

 

22   Section 39 is repealed and the following is substituted:

Definition

39   In this Part, “board” means the board of governors of a comprehensive community college or a polytechnic institution.

 

23   Section 40 is repealed and the following is substituted:

Establishment of comprehensive community
colleges and polytechnic institutions

40   The Lieutenant Governor in Council may by order establish a comprehensive community college or polytechnic institution and shall designate the name of each comprehensive community college or polytechnic institution so established.

 

24   Section 44(2)(b)(ii) is repealed and the following is substituted:

                             (ii)    2 students nominated by the council of the students association, and

 

25   Section 45 is repealed and the following is substituted:

Programs boards must provide

45(1)  The board of a polytechnic institution shall provide, with respect to one or more trades under the Apprenticeship and Industry Training Act, the apprenticeship technical training required by the Minister responsible for that Act.

(2)  The board of a polytechnic institution or comprehensive community college shall establish a process for the review and approval of proposed programs of study to be submitted to the Minister.

 

26   Section 46(1)(d) is repealed and the following is substituted:

                             (d)    not more than 10 students, appointed by the council of the students association;

 

27   Section 47(1)(a)(i) is amended by striking out “programs” and substituting “technical training”.

 

28   Section 47.1(4) is amended by adding “in Council” after “Lieutenant Governor”.

 

29   Section 48 is repealed and the following is substituted:

Use of “college”, “technical institute”, “comprehensive
community college” or “polytechnic institution”

48   No board under the School Act may use the term “college”, “technical institute”, “comprehensive community college” or “polytechnic institution” in connection with its educational or other activities.

 

30   Section 56(2.1) and (3) are repealed and the following is substituted:

(3)  Notwithstanding subsection (2), but subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act,

                                   (a)    the chair of a board is always eligible for reappointment or redesignation on the conclusion of the chair’s term of office, and

                                   (b)    an appointed member of a board is eligible for appointment or redesignation as chair even though the member has, at the time of the member’s appointment or redesignation, concluded 2 terms as a member of the board.

 

31   Section 60(1)(c) is amended by striking out “programs” and substituting “technical training”.

 

32   Section 61 is repealed and the following is substituted:

Tuition fees and mandatory non‑instructional fees

61(1)  The board of a public post‑secondary institution shall set

                                   (a)    the tuition fees to be paid by students of the public post‑secondary institution, other than students enrolled in apprenticeship technical training at the public post‑secondary institution, and

                                   (b)    the mandatory non‑instructional fees to be paid by students of the public post‑secondary institution, including students enrolled in apprenticeship technical training at the public post‑secondary institution.

(2)  The tuition fees and mandatory non‑instructional fees referred to in subsection (1) for all public post‑secondary institutions other than Banff Centre must be set in accordance with this section and the regulations.

(3)  In setting the tuition fees for an academic year, the board may increase the tuition fees to be paid by domestic students, subject to any restrictions on increasing tuition fees set out in the regulations,

                                   (a)    if the average tuition fee increase per domestic student does not exceed the product of

                                           (i)    the average tuition fees per domestic student in the preceding academic year, excluding any tuition fees that were subject to an exceptional tuition fee increase in that year,

                                            multiplied by

                                          (ii)    the percentage annual change in the Alberta CPI, determined in accordance with the regulations,

                                       or

                                   (b)    in respect of a specific approved program of study, by means of an exceptional tuition fee increase made in accordance with the regulations.

(4)  The Minister may by order prohibit the boards of all public post‑secondary institutions other than Banff Centre from increasing tuition fees for domestic students and mandatory non‑instructional fees for an academic year.

(5)  If the board of a public post‑secondary institution other than Banff Centre sets a mandatory non‑instructional fee, the board shall set an amount for the fee that is less than or equal to the cost incurred by the public post‑secondary institution to provide the goods or to deliver the services for which the fee is set.

(6)  The board of a public post‑secondary institution other than Banff Centre shall not introduce a new mandatory non‑instructional fee unless the board has obtained written approval from each of the public post‑secondary institution’s students’ councils.

Apprenticeship fees

61.01(1) The Minister shall by order set the apprenticeship instructional fees and the apprenticeship material and service fees to be paid by students in apprenticeship technical training for each designated trade under the Apprenticeship and Industry Training Act.

(2)  The apprenticeship instructional fees and the apprenticeship material and service fees under subsection (1) must be set in accordance with this section and the regulations.

(3)  In setting the apprenticeship instructional fees and the apprenticeship material and service fees for an academic year the Minister may increase apprenticeship instructional fees or apprenticeship material and service fees, subject to any restrictions on increasing apprenticeship instructional fees or apprenticeship material and service fees set out in the regulations,

                                   (a)    by a percentage amount that does not exceed the percentage annual change in the Alberta CPI, determined in accordance with the regulations, or

                                   (b)    by means of an exceptional apprenticeship fee increase made in accordance with the regulations.

 

33   Section 61.1 is repealed.

 

34   Section 63(1) is repealed and the following is substituted:

Settlement of questions

63(1)  In this section, “body”,

                                   (a)    in respect of a comprehensive academic and research university, means a senate, a general faculties council, a deans’ council, a faculty council, a faculty, a school council and a school of the university,

                                   (b)    in respect of an undergraduate university, means a general faculties council, a deans’ council, a faculty council, a faculty, a school council and a school of the university, and

                                    (c)    in respect of a comprehensive community college or polytechnic institution, means an academic council of the comprehensive community college or polytechnic institution.

 

35   Section 64 is amended by striking out “public college, technical institute” and substituting “comprehensive community college, polytechnic institution”.

 

36   Section 78 is repealed and the following is substituted:

Comprehensive institutional plans

78(1)  In this section and sections 79 and 80, “board” includes the governing body of a publicly funded private post‑secondary institution assigned to the Independent Academic Institutions sector under section 102.2(3)(b).

(2)  Each year a board must prepare and approve a comprehensive institutional plan that includes

                                   (a)    a business plan, including a budget, and

                                   (b)    any other information required by the Minister.

(3)  The plan approved under subsection (2) must be submitted to the Minister on or before the date specified by the Minister.

(4)  The board of a public post‑secondary institution shall not submit a budget in which consolidated operating expense exceeds consolidated operating revenue unless the board has the written approval of the Minister to do so.

 

37   Section 78.1 is repealed.

 

38   Section 80 is repealed and the following is substituted:

Other reports and information

80   The board must submit to the Minister any reports or other information required by the Minister in the form and manner determined by the Minister.

 

39   Section 84(2) is amended by adding “, subject to section 22(2),” after “shall”.

 

40   Section 90(d) is amended by adding “comprehensive academic and research” before “university”.

 

41   Section 92.1 is amended

                             (a)    in subsection (1) by striking out “for each university” and substituting “for each comprehensive academic and research university”;

                             (b)    in subsection (2) by adding “comprehensive academic and research” before “university”.

 

42   Section 93(2) is amended by adding “with a graduate students association” after “in the case of a university”.

 

43   Section 95 is amended

                             (a)    in subsection (2.3) by striking out “before July 1, 2018”;

                             (b)    in subsection (4) by adding “with a graduate students association” after “university”.

 

44   Section 99(1)(a) is repealed and the following is substituted:

                             (a)    in respect of a public post‑secondary institution,

                                     (i)    the financial condition of the board,

                                    (ii)    the administrative condition of the board, or

                                   (iii)    any other matter connected with the management, administration or operation of the public post‑secondary institution by the board,

                                 or

 

45   The headings preceding section 102.1 are repealed and the following is substituted:

Division 2
Publicly Funded
Post‑secondary System

 

46   Section 102.1 is repealed and the following is substituted:

Definitions

102.1   In this Division,

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

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

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

                                   (d)    “program of study” means a program of study approved in accordance with the regulations;

                                    (e)    “publicly funded private post‑secondary institution” means a private post‑secondary institution resident in Alberta that receives a grant made by the Minister under the Government Organization Act and offers a program of study.

 

47   Section 102.2 is repealed and the following is substituted:

Six sector system

102.2(1)  The publicly funded post‑secondary system consists of the following sectors:

                                   (a)    Comprehensive Academic and Research Universities;

                                   (b)    Comprehensive Community Colleges;

                                    (c)    Independent Academic Institutions;

                                   (d)    Polytechnic Institutions;

                                    (e)    Specialized Arts and Cultural Institutions;

                                    (f)    Undergraduate Universities.

(2)  Subject to the regulations made under subsection (3),

                                   (a)    an institution established as a comprehensive academic and research university is assigned to the Comprehensive Academic and Research Universities sector,

                                   (b)    an institution established as a comprehensive community college is assigned to the Comprehensive Community Colleges sector,

                                    (c)    an institution established as a polytechnic institution is assigned to the Polytechnic Institutions sector,

                                   (d)    Banff Centre is assigned to the Specialized Arts and Cultural Institutions sector, and

                                    (e)    an institution established as an undergraduate university is assigned to the Undergraduate Universities sector.

(3)  The Lieutenant Governor in Council may by regulation assign

                                   (a)    a public post‑secondary institution to a sector other than the sector assigned to it under subsection (2), and

                                   (b)    a publicly funded private post‑secondary institution to the Independent Academic Institutions sector.

 

48   Section 102.3 is repealed and the following is substituted:

Comprehensive Academic and Research
Universities sector role

102.3(1)  An institution assigned to the Comprehensive Academic and Research Universities sector shall provide degree programs.

(2)  An institution assigned to the Comprehensive Academic and Research Universities sector may

                                   (a)    provide diploma or certificate programs,

                                   (b)    undertake all forms of research, including discovery research and research in support of Alberta’s research and innovation agenda, and

                                    (c)    collaborate with other post‑secondary institutions to support regional access to undergraduate degree programs.

(3)  Notwithstanding subsection (2)(c), Athabasca University shall collaborate with other post‑secondary institutions to support regional access to undergraduate degree programs.

Comprehensive Community Colleges sector role

102.4(1)  An institution assigned to the Comprehensive Community Colleges sector shall

                                   (a)    provide approved foundational learning, diploma and certificate programs, and

                                   (b)    collaborate with other post‑secondary institutions and community and industry organizations to support regional access to foundational learning, diploma, certificate and undergraduate degree programs.

(2)  An institution assigned to the Comprehensive Community Colleges sector shall not provide graduate level programs.

(3)  An institution assigned to the Comprehensive Community Colleges sector may

                                   (a)    provide apprenticeship technical training programs,

                                   (b)    provide undergraduate degree programs 

                                           (i)    in collaboration with a university, or

                                          (ii)    autonomously if the Minister determines it is necessary,

                                       and

                                    (c)    undertake research and scholarly activities

                                           (i)    that align with the credentials offered, or

                                          (ii)    that are focused on industry or community needs and that support economic and social development in the region in which the institution is located.

Independent Academic Institutions sector role

102.5  An institution assigned to the Independent Academic Institutions sector may

                                   (a)    provide foundational learning programs, programs of study, whether or not they are approved in accordance with the regulations, that lead to the granting of diplomas or certificates, or approved degree programs,

                                   (b)    undertake research and scholarly activities that align with the credentials offered, and

                                    (c)    collaborate with other post‑secondary institutions to support regional access to undergraduate degree programs.

Polytechnic Institutions sector role

102.6(1)  An institution assigned to the Polytechnic Institutions sector shall

                                   (a)    provide apprenticeship technical training,

                                   (b)    provide diploma and certificate programs, and

                                    (c)    collaborate with other post‑secondary institutions to support regional access to polytechnic education.

(2)  An institution assigned to the Polytechnic Institutions sector shall not provide graduate level programs.

(3)  An institution assigned to the Polytechnic Institutions sector may

                                   (a)    provide approved foundational learning or undergraduate degree programs,

                                   (b)    undertake research and scholarly activities

                                           (i)    that align with the credentials offered, or

                                          (ii)    that are focused on strengthening economic development in the Province,

                                       and

                                    (c)    collaborate with other post‑secondary institutions to support regional access to diploma, certificate or undergraduate degree programs.

Specialized Arts and Cultural Institutions sector role

102.7  An institution assigned to the Specialized Arts and Cultural Institutions sector may

                                   (a)    provide non‑credential and approved certificate or diploma programs,

                                   (b)    undertake research and scholarly activities that align with the programs offered by the institution, and

                                    (c)    collaborate with other post‑secondary institutions to support regional access to specialized arts, culture and non‑credential and approved certificate or diploma programs.

Undergraduate Universities sector role

102.8(1)  An institution assigned to the Undergraduate Universities sector shall

                                   (a)    provide undergraduate degree programs, and

                                   (b)    collaborate with other post‑secondary institutions to support regional access to undergraduate degree programs.

(2)  An institution assigned to the Undergraduate Universities sector shall not provide graduate level programs.

(3)  An institution assigned to the Undergraduate Universities sector may

                                   (a)    provide approved foundational learning, diploma or certificate programs, and

                                   (b)    undertake research and scholarly activities that enrich undergraduate education.

 

49   Section 103(4) is amended by striking out “private college” and substituting “private post‑secondary institution”.

 

50   Section 106(2)(b) is amended

                             (a)    by striking out “resident private college” and substituting “private post‑secondary institution resident in Alberta”;

                             (b)    by striking out “a private college” and substituting “a private post‑secondary institution”.

 

51   Section 107 is repealed and the following is substituted:

Honorary degrees

107(1)  The chancellor of a comprehensive academic and research university may, on the authorization of the senate, grant an honorary degree on a person.

(2)  The board of an undergraduate university may grant an honorary degree on a person.

(3)  The board of a public post‑secondary institution other than a university may grant an honorary degree, diploma or certificate if that public post‑secondary institution has the authority to grant the corresponding degree, diploma or certificate.

 

52   Section 108 is amended  

                             (a)    in subsection (1) by adding “and to provide, subject to any conditions the Minister considers appropriate, advice and recommendations to another jurisdiction” after “the regulations”;

                             (b)    by repealing subsection (2)(c) and substituting the following:

                                    (c)    designate a chair or designate 2 members as co-chairs, and

 

53   Section 109(2) and (3) are repealed and the following is substituted:

(2)  The Campus Alberta Quality Council may inquire into and review any matter relating to a proposal to offer a program of study leading to the granting of a degree other than a degree in divinity.

(3)  Without restricting the generality of subsection (2), the Campus Alberta Quality Council may consider the capacity of a post‑secondary institution to deliver and sustain a high‑quality program in keeping with national and international standards.

 

54   Section 118(1) is repealed and the following is substituted:

Information and reports

118(0.1)  In this section, “board” includes the governing body of a publicly funded private post‑secondary institution assigned to the Independent Academic Institutions sector by the regulations made under section 102.2(3)(b).

(1)  The Minister may require a board to collect information and to submit to the Minister any information and reports the Minister considers necessary.

 

55   Section 121 is amended by adding “comprehensive academic and research” before “university” wherever it occurs.

 

56   Section 124 is amended

                             (a)    by repealing clause (b) and substituting the following:

                                   (b)    respecting tuition fees and mandatory non‑instructional fees, for all boards other than the board of Banff Centre, including regulations

                                           (i)    respecting the publication of a public post‑secondary institution’s tuition fees and mandatory non‑instructional fees and related information;

                                          (ii)    respecting consultation in relation to the setting or increasing of tuition fees and mandatory non‑instructional fees;

                                         (iii)    respecting the requirements or restrictions that must be complied with when setting or increasing tuition fees and mandatory non‑instructional fees;

                                         (iv)    respecting exceptional tuition fee increases to tuition fees;

                                          (v)    respecting conditions and restrictions on the charging of and the amount of mandatory non‑instructional fees;

                                         (vi)    respecting the requirements that must be complied with before setting new mandatory non‑instructional fees;

                                        (vii)    respecting tuition fees payable by international students, including regulations

                                               (A)    exempting tuition fees from any provision of the regulations;

                                               (B)    respecting the requirements that must be complied with when setting or increasing tuition fees;

                                               (C)    respecting disclosure to international students of tuition fees;

                                (b.1)    respecting apprenticeship instructional fees and apprenticeship material and service fees, including regulations

                                           (i)    respecting the publication of apprenticeship instructional fees and apprenticeship material and service fees and related information;

                                          (ii)    respecting consultation in relation to apprenticeship instructional fees and apprenticeship material and service fees;

                                         (iii)    respecting the requirements or restrictions that must be complied with when setting apprenticeship instructional fees and apprenticeship material and service fees;

                                         (iv)    respecting exceptional apprenticeship fee increases to apprenticeship instructional fees and apprenticeship material and service fees;

                                (b.2)    respecting executive graduate programs, including regulations

                                           (i)    respecting the criteria for designating an approved graduate level program as an executive graduate program and the rescinding of designations;

                                          (ii)    respecting tuition fee revenue from executive graduate level programs and the allocation of excess tuition fee revenue from such programs;

                                         (iii)    respecting the disclosure of information about the allocation of excess tuition fee revenue from executive graduate programs;

                             (b)    by repealing clause (g);

                             (c)    by repealing clause (h) and substituting the following:

                                   (h)    respecting the approval of proposals by public post‑secondary institutions to establish, change, extend, suspend, terminate, reactivate or transfer a program of study;

                             (d)    by repealing clause (h.1) and substituting the following:

                                (h.1)    respecting the approval of proposals by private post‑secondary institutions resident in Alberta to establish, change, extend, suspend, terminate, reactivate or transfer a program of study for which a diploma, certificate or degree may be granted;

                             (e)    by adding the following after clause (h.2):

                                (h.3)    respecting the monitoring of programs of study at public post‑secondary institutions, private post‑secondary institutions resident in Alberta or non‑resident institutions;

                              (f)    in clause (j) by striking out “resident private colleges” and substituting “private post‑secondary institutions resident in Alberta”;

                             (g)    by adding the following after clause (j):

                                 (j.1)    respecting, for the purpose of section 1(p), the designation of an institution established under this Act as a public post‑secondary institution and the rescinding of designations;

                             (h)    by adding the following after clause (k):

                                (k.1)    respecting the security to be given by a private post‑secondary institution, other than a post‑secondary institution assigned to the Independent Academic Institutions sector, approved to offer a program of study that leads to the granting of a degree and the forfeiture of the security;

 

57   Section 125 is repealed.

 

58   Part 5 is amended by adding the following before Division 1:

Division 0.1
Transition Relating to 2018 Amendments

Definitions

125.1   In this Division,

                             (a)    “amended Act” means the Post‑secondary Learning Act as it reads on the coming into force of this Division;

                             (b)    “former Act” means the Post‑secondary Learning Act as it read immediately before the coming into force of this Division.

Continuation of universities as comprehensive
academic and research universities

125.2(1)  In this section,

                             (a)    “governing entities of a university” or “governing entities of a comprehensive academic and research university” means

                                     (i)    the board of governors,

                                    (ii)    the senate,

                                   (iii)    the offices of chancellor and vice‑chancellor,

                                  (iv)    the general faculties council,

                                   (v)    the academic staff association,

                                  (vi)    the deans’ council,

                                 (vii)    the faculty councils,

                                (viii)    the school councils,

                                  (ix)    the students association,

                                   (x)    the graduate students association, if any, and

                                  (xi)    the postdoctoral fellows association, if any;

                             (b)    “university” means a university continued under section 126(1) or established under section 3 of the former Act.

(2)  On the coming into force of this section, a university is continued, under the same name, as a comprehensive academic and research university under section 3 of the amended Act.

(3)  On the coming into force of this section, the governing entities of a university are continued under the same names, with the powers and duties of the respective governing entities of a comprehensive academic and research university under the amended Act and with the same members.

Continuation of public colleges as
comprehensive community colleges

125.3(1)  In this section,

                             (a)    “governing entities of a public college” or “governing entities of a comprehensive community college” means

                                     (i)    the board of governors,

                                    (ii)    the academic council,

                                   (iii)    the academic staff association, and

                                  (iv)    the students association;

                             (b)    “public college” means a public college continued under section 127(1) or established under section 40 of the former Act.

(2)  On the coming into force of this section, a public college is continued, under the same name, as a comprehensive community college under section 40 of the amended Act.

(3)  On the coming into force of this section, the governing entities of a public college are continued under the same names, with the powers and duties of the respective governing entities of a comprehensive community college under the amended Act and with the same members.

Continuation of technical institutes
as polytechnic institutions

125.4(1)  In this section,

                             (a)    “governing entities of a technical institute” or “governing entities of a polytechnic institution” means

                                     (i)    the board of governors,

                                    (ii)    the academic council,

                                   (iii)    the academic staff association, and

                                  (iv)    the students association;

                             (b)    “technical institute” means a technical institute continued under section 128(1) or established under section 40 of the former Act.

(2)  On the coming into force of this section, a technical institute is continued, under the same name, as a polytechnic institution under section 40 of the amended Act.

(3)  On the coming into force of this section, the governing entities of a technical institute are continued under the same names, with the powers and duties of the respective governing entities of a polytechnic institution under the amended Act and with the same members.

Transitional regulation powers

125.5   The Lieutenant Governor in Council may make regulations

                             (a)    respecting the transitional application of the amendments to this Act as a result of amendments made by An Act to Improve the Affordability and Accessibility of Post‑secondary Education, including the interpretation of any transitional provision referred to in this Division, and

                             (b)    to remedy any confusion, difficulty, inconsistency or impossibility resulting from the transition.

Consequential Amendments to
Post‑secondary Learning Act

 

59   The following sections are amended by striking out “public college” wherever it occurs and substituting “comprehensive community college”:

section 1(c) and (j);
section 41(1);
section 42(1) and (2);
section 43(1);
section 44(2) and (4);
section 46(1);
section 47(1)(b);
section 47.1(1), (3) and (4)(a);
section 57(1)(b).

 

60   The following sections are amended by striking out “technical institute” wherever it occurs and substituting “polytechnic institution”:

section 1(c) and (j);
section 41(1);
section 42(1) and (2);
section 43(1);
section 44(1) and (4);
section 46(1);
section 47(1)(b);
section 47.1(1), (3) and (4)(a);
section 57(1)(b).

Consequential Changes  
to Regulations

 

61(1)  Unless the context otherwise requires, a reference in a regulation to “public college”, “private college” or “technical institute” shall be read as a reference to “comprehensive community college”, “private post‑secondary institution” or “polytechnic institution”, as the case may be.

(2)  The Lieutenant Governor in Council may, by regulation, amend the regulations filed under the Regulations Act to reflect the changes made by this Act.

(3)  An amendment under subsection (2) may be made even though the regulation being amended was made by a member of the Executive Council or some other body or person.

Consequential Amendments
to Other Acts

Alberta Capital Finance Authority Act

Amends RSA 2000 cA‑14.5

62(1)  The Alberta Capital Finance Authority Act is amended by this section.

(2)  Section 1(1)(d) is amended

                             (a)    in subclause (ii) by striking out “public college” and substituting “comprehensive community college”;

                             (b)    in subclause (iii) by striking out “technical institute” and substituting “polytechnic institution”.

Apprenticeship and Industry Training Act

Amends RSA 2000 cA‑42

63(1)  The Apprenticeship and Industry Training Act is amended by this section.

(2)  Section 1(m)(ii) is amended

                             (a)    in paragraph (C) by striking out “college” and substituting “comprehensive community college”;

                             (b)    in paragraph (D) by striking out “technical institute” and substituting “polytechnic institution”.

Conflicts of Interest Act

Amends RSA 2000 cC‑23

64(1)  The Conflicts of Interest Act is amended by this section.

(2)  Part 3 of the Schedule is amended

                             (a)    by striking out “Board of governors of a public college” and substituting “Board of governors of a comprehensive community college”;

                             (b)    by striking out “Board of governors of a technical institute” and substituting “Board of governors of a polytechnic institution”;

                             (c)    by striking out “Body incorporated under section 6 of the Universities Act”;

                             (d)    by striking out “Initial governing authority of a technical institute” and substituting “Initial governing authority of a polytechnic institution”.

Fatality Inquiries Act

Amends RSA 2000 cF‑9

65(1)  The Fatality Inquiries Act is amended by this section.

(2)  Section 18(2) is amended by striking out “university” wherever it occurs and substituting “comprehensive academic and research university”.

Financial Administration Act

Amends RSA 2000 cF‑12

66(1)  The Financial Administration Act is amended by this section.

(2)  Section 2 is amended

                             (a)    in subsection (5)(c) and (d) by striking out “public college” and substituting “comprehensive community college”;

                             (b)    in subsection (5)(e) and (f) by striking out “technical institute” and substituting “polytechnic institution”.

Freedom of Information and
Protection of Privacy Act

Amends RSA 2000 cF‑25

67(1)  The Freedom of Information and Protection of Privacy Act is amended by this section.

(2)  Section 1(d) is amended

                             (a)    in subclause (ii) by striking out “technical institute” and substituting “polytechnic institution”;

                             (b)    in subclause (iii) by striking out “public college” and substituting “comprehensive community college”.

(3)  Section 4(2) is amended

                             (a)    in clause (b) by striking out “public college” and substituting “comprehensive community college”;

                             (b)    in clause (c) by striking out “technical institute” and substituting “polytechnic institution”.

Labour Relations Code

Amends RSA 2000 cL‑1

68(1)  The Labour Relations Code is amended by this section.

(2)  Section 58.1(1) is amended

                             (a)    in clause (b) by striking out “public college” and substituting “comprehensive community college”;

                             (b)    in clause (c) by striking out “technical institute” and substituting “polytechnic institution”.

(3)  Section 58.2(1)(c) is amended by striking out “university” wherever it occurs and substituting “comprehensive academic and research university”.

(4)  Section 58.5 is amended by striking out “university” wherever it occurs and substituting “comprehensive academic and research university”.

Legal Profession Act

Amends RSA 2000 cL‑8

69(1)  The Legal Profession Act is amended by this section.

(2)  Section 36(d) is amended by striking out “a university” and substituting “a comprehensive academic and research university”.

Loan and Trust Corporations Act

Amends RSA 2000 cL‑20

70(1)  The Loan and Trust Corporations Act is amended by this section.

(2)  Section 200(1)(i) is amended by adding “under the Post‑secondary Learning Actafter “university”.

Municipal Government Act

Amends RSA 2000 cM‑26

71(1)  The Municipal Government Act is amended by this section.

(2)  Section 362(1)(d) is amended

                             (a)    in subclause (i) by striking out “technical institute or public college” and substituting “polytechnic institution or comprehensive community college”;

                             (b)    in subclause (iv) by striking out “technical institute or public college” and substituting “polytechnic institution or comprehensive community college”.

Ombudsman Act

Amends RSA 2000 cO‑8

72(1)  The Ombudsman Act is amended by this section.

(2)  Section 1(c) is amended

                             (a)    in subclause (i)(B) by striking out “public college” and substituting “comprehensive community college”;

                             (b)    by repealing subclause (i)(G) and substituting “the board of governors of a polytechnic institution under the Post‑secondary Learning Act,”.

Personal Information Protection Act

Amends SA 2003 cP‑6.5

73(1)  The Personal Information Protection Act is amended by this section.

(2)  Section 56(1)(a)(v) is amended by striking out “private college” and substituting “private post‑secondary institution”.

Public Health Act

Amends RSA 2000 cP‑37

74(1)  The Public Health Act is amended by this section.

(2)  Section 1(oo) is amended by striking out “technical institute” and substituting “polytechnic institution, comprehensive community college”.

Public Service Employee Relations Act

Amends RSA 2000 cP‑43

75(1)  The Public Service Employee Relations Act is amended by this section.

(2)  The Schedule is amended

                             (a)    in section 2

                                     (i)    in subsection (1)(c) by adding “in the case of a comprehensive academic and research university” after “fellows”;

                                    (ii)    in subsection (4) by striking out “each university” and substituting “a comprehensive academic and research university”;

                             (b)    in section 3 by striking out “public college” wherever it occurs and substituting “comprehensive community college”;

                             (c)    in section 4 by striking out “technical institute” wherever it occurs and substituting “polytechnic institution”.

Public Utilities Act

Amends RSA 2000 cP‑45

76(1)  The Public Utilities Act is amended by this section.

(2)  Section 1(d) is amended by striking out “public college” and substituting “comprehensive community college”.

Reform of Agencies, Boards and
Commissions Compensation Act

Amends SA 2016 cR‑8.5

77(1)  The Reform of Agencies, Boards and Commissions Compensation Act is amended by this section.

(2)  The Schedule is amended by striking out “Alberta College of Art and Design” and substituting “Alberta University of the Arts”.

Regulated Forestry Profession Act

Amends RSA 2000 cR‑13

78(1)  The Regulated Forestry Profession Act is amended by this section.

(2)  Section 1(1)(u)(vi) is amended by striking out “college, technical institute” and substituting “comprehensive community college, polytechnic institution”.

Coming into Force

79   This Act comes into force on February 1, 2019.