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Statutes of Newfoundland 1996
AN ACT RESPECTING A PROVINCIAL COLLEGE
(Assented to December 19, 1996)
1. Short title
3. College established
4. Transitional issues
5. Application of municipal Acts
6. Exemption from taxation
8. President's duties
10. Membership of board
11. Tenure of appointment
12. Chairperson and vice-chairperson
13. Expenses of board members
14. Protection against liability
15. Duties of board
16. Powers of board
17. Trust funds of board
18. Investment of trust funds
19. Financial year
20. Expenditure and borrowing
21. Yearly budget
22. Financial statement
23. General funds of board
25. Bonding of board
28. RSN1990 cF-25 Amdt.
29. RSN1990 cP-43 Amdt.
30. RSN1990 cP-45 Amdt.
31. 1991 c40 Rep.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. This Act may be cited as the College Act, 1996.
2. In this Act
(a) "board" means the board of governors established under section 9;
(b) "college" unless the context indicates otherwise, means the College of Newfoundland and Labrador established under section 3;
(c) "former Act" means the Colleges Act, 1991;
(d) "minister" means the minister appointed under the Executive Council Act to be responsible for this Act;
(e) "president" means the president of the college appointed under section 7; and
(f) "provincial program" means a program so designated by the minister, and includes a program which is governed by an Act or a regulation.
3. There is established the College of Newfoundland and Labrador with headquarters at a place to be determined by the Lieutenant-Governor in Council.
4. (1) All real property necessary for the purpose of the college shall be acquired by and in the name of the Crown, whether acquired by deed, lease or otherwise.
(2) Subject to the Works, Services and Transportation Act
(a) all personal property, and the right of management and control of real property under the control of the board of governors of a college established under the former Act; and
(b) the management and control of property referred to in subsection (1),
is vested in the board which shall manage, control and administer the property, business and affairs of the college.
(3) The board is charged with and assumes all the obligations and liabilities of a college which was, immediately before the commencement of this Act, a college under the former Act.
(4) Unless it is otherwise determined by the board, all employees of a college under the former Act immediately before the commencement of this Act shall continue to be employed in their positions or equivalent positions with the college.
(5) Subsection (4) shall not apply to presidents of a college under the former Act.
Application of municipal Acts
5. The City of Corner Brook Act, the City of Mount Pearl Act, the City of St. John's Act, the Municipalities Act or other Acts in force relating to the cities or municipalities governed by those Acts that permit the taking of land either for streets or for another purpose do not apply to real property, the management and control of which is vested in the board.
Exemption from taxation
6. All real property under the control and management of, or held in trust by, the board is exempt from provincial, municipal or other local taxation while being used for the purpose of this Act.
7. (1) The Lieutenant-Governor in Council may appoint a president, who shall be the chief executive officer of the college, and who, under the general direction of the board, is responsible for the supervision and administration of the college and of the instructional staff and other employees of the college, in the performance of their duties.
(2) The term of office, salary, other remuneration and benefits of the president shall be determined by the Lieutenant-Governor in Council.
(3) The president may appoint an employee of the college who, in the president's absence, may perform the duties that may be assigned to him or her by the president.
8. The president is a member of all committees constituted by the board and shall perform the duties and may exercise the powers assigned to the president by the board.
9. (1) There is established a corporation to be known as the board of governors of the college.
(2) Subject to the approval of the minister, the board may confirm or change the name of the college but where the name has not been confirmed or changed within 6 months after the commencement of this Act, the minister may confirm or change the name of the college.
Membership of board
10. (1) The Lieutenant-Governor in Council shall appoint to the board not less than 9 nor more than 18 members.
(2) One of the members appointed to the board under subsection (1) may be a representative of the department nominated by the minister.
(3) One of the members appointed to the board under subsection (1) may be a faculty member of the college who
(a) is nominated by the executive body of the faculty association of the college; and
(b) notwithstanding section 11, shall hold office for a period of 2 years and is eligible for re-appointment to the board, but after 2 consecutive terms on the board that person is no longer eligible for re-appointment until the expiration of 2 years from the time he or she was last a member of the board.
(4) One of the members appointed to the board under subsection (1) shall be a student of the college who
(a) is nominated by the executive body of the student association of the college; and
(b) notwithstanding section 11, shall hold office for a period of up to 2 years and if qualified under paragraph (a) is eligible for re-appointment to the board, but after 2 consecutive terms on the board that person is no longer eligible for re-appointment.
(5) Nominations for an appointment to the board under subsections (3) and (4) shall
(a) consist of an equal number of female and male nominees; and
(b) be forwarded to the minister as required by him or her.
(6) In addition to the members appointed under this section, the president shall be a non-voting member of the board.
Tenure of appointment
11. (1) A member of the board appointed under subsections 10(1) shall be appointed during pleasure for a maximum period of 3 years, except that 1/3 of the members of the first board appointed upon the commencement of this Act shall be appointed for at least 2 years.
(2) A member of the board appointed under subsection 10(1) is eligible for re-appointment to the board, but after 2 consecutive terms on the board that person is no longer eligible for re-appointment until the expiration of 3 years from the time he or she was last a member of the board.
(3) A member of the board whose appointment has expired continues to be a member of the board until a successor is appointed.
Chairperson and vice-chairperson
12. (1) The Lieutenant-Governor in Council shall designate a member of the board to be chairperson.
(2) With the exception of the person designated under subsection (1), the board shall designate a member of the board to be vice-chairperson and shall also designate other officers that it considers necessary.
Expenses of board members
13. A member of the board shall serve without remuneration and shall be reimbursed by the board for travelling and other expenses reasonably incurred in relation to meetings and the work of the board in accordance with a scale for expenses approved by the minister.
Protection against liability
14. (1) A member of the board is not personally liable for loss or damage suffered by a person because of anything done or omitted to be done by that member in the execution of his or her office or under, or in the exercise of or supposed exercise of, the powers given to the board or to a member of the board.
(2) An action or proceeding may not be brought against the board or college in respect of an act or omission of a member of the board unless that act or omission would, apart from this section, have given rise to a cause of action against that member of the board.
(3) The board or college, or a member of the board, or an officer or servant of the college, is not liable in respect of an act or omission of a student.
Duties of board
15. (1) The board shall
(a) provide and operate facilities throughout the province where courses and programs may be offered;
(b) divide the college into those departments of instruction and divisions it considers necessary;
(c) approve, authorize and provide programs which lead to a certificate or diploma from the college;
(d) identify the educational needs of persons in the province and provide courses or programs to meet those needs;
(e) identify the education and training requirements of the labour market in the province and provide courses or programs itself or in cooperation with other educational institutions operating under an Act of the province, another province or of Canada, to meet those requirements;
(f) carry out additional courses or programs that it determines to be in the public interest;
(g) grant certificates and diplomas;
(h) make general policies to govern the organization, administration and operation of the college including personnel policies which, unless otherwise approved by the minister, shall adhere to the personnel administrative procedure of the province;
(i) develop and apply conflict of interest guidelines for members of the board and employees of the college;
(j) prescribe procedure for its meetings, make rules respecting the conduct of the affairs of the board and make provision for the keeping of full and accurate records of its proceedings and transactions;
(k) assess the need for new buildings and repairs or alterations to existing buildings or premises administered by the board and make recommendations to the appropriate government department respecting those buildings, repairs or alterations; and
(l) provide furniture, equipment and the apparatus necessary for the college, maintain a listing of the buildings, equipment and chattels of the college and sell or otherwise dispose of obsolete equipment.
(2) Notwithstanding subsection (1) or another provision of this Act, the minister may review the administration, courses, programs and facilities of the college and may require the modification, establishment, suspension or termination of the administration, courses, programs or facilities of the college that he or she considers necessary.
Powers of board
16. The board may
(a) appoint, promote or remove administrative, instructional and secretarial staff and all other officers and employees except the president;
(b) establish a code of discipline for the students of the college with power to expel a student, and delegate to the president the right to impose a penalty that is prescribed in the code;
(c) select a seal for the college and retain custody and use of it;
(d) establish and appoint advisory and other committees of the board that may be necessary or desirable to achieve the purposes of this Act, delegate to committees those powers and duties of the board that it considers appropriate and reimburse reasonable expenses incurred in relation to the work of a committee that the board may approve;
(e) fix standards of admission of students to the college and set the standards to be maintained by students during courses of study;
(f) cooperate and enter into agreements with
(i) a government or its agencies,
(ii) a person who carries on a trade, business or commercial activity,
(iii) other educational institutions, or
(iv) a community group
for the establishment, maintenance, conduct and transfer of courses for credit and programs leading to certificates, diplomas and degrees;
(g) provide facilities and grants at the college and enter into agreements for research and establish the terms and conditions under which research may be conducted at the college;
(h) participate in industrial assistance activities through problem solving, technology transfer and applied research in order to strengthen productivity, competitiveness and diversity of industry in the province;
(i) accept and disburse grants, gifts and bequests to the college and receive payments for services and research;
(j) fix and collect all fees and charges to be paid to the college;
(k) provide for the effective use of the services and facilities provided by the college; and
(l) perform itself or in cooperation with other educational institutions operating under an Act of the province, another province of Canada, Canada or another country other functions consistent with this Act that the board may consider advisable for the proper administration and advancement of the college.
Trust funds of board
17. (1) With the exception of money and property received from the public revenue, the board shall in its corporate capacity be trustee of money and property given or bequeathed for the purpose of the college, its staff or students, except where some other trustee is appointed by the donor or testator.
(2) Where property or money is given or bequeathed to the board in trust for special purposes, the board shall, as the trust may require, hold and maintain the property and invest the money and hold it in trust for the purposes for which it was bequeathed or given, or spend the money for the purposes indicated by the testator or donor, and the money shall not form part of the general funds of the board.
(3) Where property or money was acquired by, given or bequeathed to a board established under the Colleges Act, 1991 and that property or money was given in trust for special purposes, that trust shall be administered by the board which shall, as the trust may require, hold and maintain that property and invest that money and hold it in trust for the purpose of which it was bequeathed or given, or spend the money for the purposes indicated by the testator or donor and the money shall not form part of the general funds of the board.
(4) Where a testator or donor referred to in subsection (3) directed that money be paid out for a purpose specific to a particular college established under the Colleges Act, 1991, that direction shall be carried out as near as may be possible by the board.
Investment of trust funds
18. The board may invest trust money and alter the investments as it thinks appropriate, subject to the general law governing trustees and the provisions of a will, trust deed or other document governing a special trust.
19. The financial year of the board begins on April 1 in each year and ends on March 31 in the following year.
Expenditure and borrowing
20. (1) The board may pay all necessary expenses of its operations out of its general funds subject to the availability of funds in its approved budget.
(2) The board may by resolution, with the consent of the minister, authorize its chairperson and the chief financial officer of the college to borrow from a person, bank or corporation sums of money that may be required to meet the current expenditures of the college until the time that the revenues for the current year are available, and those loans may be secured by the promissory note of the chairperson and the chief financial officer given on behalf of the board.
(3) A loan referred to in subsection (2) shall, upon receipt of revenues by the board, be immediately repaid out of those revenues.
21. (1) The board shall, not later than a date to be set by the minister in respect of each year, prepare, adopt and submit to the minister a budget containing estimates of amounts required during the next financial year for the purpose of the board.
(2) In each budget prepared under subsection (1), there shall be set out, in the detail and in the form that the minister may require, the estimated revenue and expenditures of the board in respect of a financial year for which that budget is prepared.
(3) The minister may approve or disapprove a budget submitted by the board.
(4) Except with the approval of the minister, the board shall not in a year incur, enter upon or contract, or become liable for an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in the approved budget.
22. (1) The board shall, not later than May 30 in each calendar year, prepare and submit to the minister an unaudited financial statement.
(2) The board shall, not later than July 30 in each calendar year, prepare and submit to the minister
(a) an audited financial statement setting out the assets and liabilities of the board and its receipts and expenditures for the financial year immediately preceding that date; and
(b) all management letters relating to the audited financial statement required under paragraph (a).
(3) The financial statements referred to in subsections (1) and (2) shall be signed by the chairperson and one other member of the board.
General funds of board
23. (1) The general funds of the board shall consist of
(a) the funds that may be appropriated by the Legislature for the college or for the purpose of the board;
(b) gifts, bequests, grants or other money received by the board for its general purposes and not subject to special trusts or conditions;
(c) money that the board may collect for the use of the college or its facilities;
(d) fees received from persons attending the college; and
(e) other money received by the board for its general purposes.
(2) All payments required to be made from the funds of the board shall be made by cheque or order signed by either the chief financial officer of the college, or the chairperson of the board and another person that the board shall designate.
24. (1) The board shall, not later than September 30 in each year, provide to the minister, an annual report respecting the operations of the college and the work of the board for the preceding financial year.
(2) The board shall provide to the minister other reports relating to the board or the college that the minister may request.
Bonding of board
25. (1) The board shall acquire and maintain a bond with a bonding or insurance company to indemnify the board against loss because of a fraudulent or criminal act of its employees.
(2) The bond required under subsection (1) shall be in the amount and contain the assurances that may be required by the minister.
(3) It is a condition of employment of a person employed by the board as the chief financial officer of the college or other officer that the board may designate that the person be bonded in the same manner that the board is required to be bonded under subsection (1) but in the amount that the board may require.
26. The Public Service Pensions Act, 1991 applies to the president, instructional and secretarial staff and other officers and employees of the board as if they were employees of the government of the province, within the meaning of that Act and, subject to the exceptions and conditions prescribed in that Act, those persons shall pay contributions to and participate in the pension plan established by that Act.
27. (1) The Lieutenant-Governor in Council may make regulations
(a) respecting agreements or contracts that the board may make;
(b) respecting an instructor certification committee, the certification of instructors including the conditions under which instructor certificates may be granted and providing for the granting of interim, as well as permanent, instructor certificates;
(c) providing for academic and professional standards in the training, examining and grading of instructors;
(d) providing for the establishment of an instructor certification appeal board and prescribing the jurisdiction and powers of the board;
(e) defining a word or phrase used in the Act but not defined in the Act; and
(f) respecting other matters necessary or advisable to carry out the intent and purpose of this Act.
(2) Regulations made under subsection (1) may be made with retroactive effect.
RSN1990 cF-25 Amdt.
28. The Schedule to the Freedom of Information Act is amended by striking out the phrase "The colleges established under the Colleges Act, 1991" and substituting the phrase "The college established under the College Act, 1996".
RSN1990 cP-43 Amdt.
29. The First Schedule to the Public Service Commission Act is amended by striking out items 24 to 28 and substituting the following:
24. College established under the College Act, 1996.
RSN1990 cP-45 Amdt.
30. The Schedule to the Public Tender Act is amended by striking out the phrase "Colleges continued or established under the Colleges Act, 1991" and substituting the phrase "The college established under the College Act, 1996".
1991 c40 Rep.
31. The Colleges Act, 1991 is repealed.
32. This Act shall come into force on January 1, 1997.
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