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Statutes of Newfoundland and Labrador 2006


CHAPTER C-37.001

AN ACT TO ESTABLISH THE COUNCIL ON HIGHER EDUCATION

(Assented to May 26, 2006)

Analysis


        1.   Short title

        2.   Definitions

        3.   Council

        4.   Quorum and voting

        5.   Committees

        6.   Expenses

        7.   Duties

        8.   Recommendations

        9.   Assistance to council

      10.   Administration

      11.   Action prohibition

      12.   Review committee

      13.   SNL1996 cC-22.1 Amdt.

      14.   RSNL1990 cM-7 Amdt.

      15.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Council on Higher Education Act.

Definitions

        2. In this Act

             (a)  "college" mean the college established under the College Act, 1996;

             (b)  "college board" means the board as defined in the College Act, 1996;

             (c)  "council" means the Council on Higher Education established under section 3;

             (d)  "department" means the department presided over by the minister;

             (e)  "minister" means the minister appointed under the Executive Council Act to be responsible for this Act;

              (f)  "post-secondary education" means courses, programs and subjects offered by the university or the college;

             (g)  "university" means the Memorial University of Newfoundland established under the Memorial University Act; and

             (h)  "university board" means the board as defined in the Memorial University Act.

Council

        3. (1) There is established a Council on Higher Education.

             (2)  The council shall, by virtue of their offices, consist of the

             (a)  chairperson of the university board;

             (b)  chairperson of the college board;

             (c)  minister;

             (d)  deputy minister of the department;

             (e)  president of the college; and

              (f)  president of the university.

             (3)  In addition to the persons who are members of the council under subsection (2), the minister

             (a)  shall appoint 2 persons, one who is a student enrolled at the university and one who is a student enrolled at the college, to be members of the council; and

             (b)  may appoint not more than 3 persons as members of the council,

for a term that the minister may establish.

             (4)  A person appointed under subsection (3) shall not serve as a member of the council for more than 2 terms.

             (5)  The minister shall be the chairperson of the board and shall be the presiding officer at all meetings of the council.

Quorum and voting

        4. (1) A quorum of the council shall be a 2/3 majority of all its members.

             (2)  A decision of the council may be made by a 2/3 majority vote of all its members.

Committees

        5. (1) The council may appoint one or more committees of one or more persons to carry out its mandate and to assist in its purposes.

             (2)  Persons appointed to a committee under this section shall be a member of the council or an employee of the university, college, government of the province or of Canada or an agency of the government of the province or of Canada.

             (3)  The council may

             (a)  designate a person appointed to a committee under subsection (1) to be the chairperson of the committee to which he or she was appointed; and

             (b)  establish the parameters and procedures of a committee appointed under subsection (1).

             (4)  A committee appointed under this section shall operate under the direction of the council and shall

             (a)  be appointed for the time and purpose stipulated by the council; and

             (b)  report, in writing, to the council as the council may require.

Expenses

        6. (1) A member of the council or of a committee established under section 5 shall serve on the council or committee without remuneration for his or her duties related to the council or committee.

             (2)  A member of the council or of a committee established under section 5 is entitled to be paid for his or her expenses

             (a)  where he or she is employed by the university, college or the government of the province, from his or her employer at a rate that his or her employer may establish;

             (b)  where he or she is appointed by the minister under subsection 3(3) and

                      (i)  is not an employee of the university, college or the government of the province, or

                     (ii)  is a student appointed under paragraph 3(3)(a),

by the government of the province at a rate that it may establish; and

             (c)  where he or she is a member of the university board or the college board but is not employed by the university, college or government of the province, from the university or college for which he or she is a board member at a rate that the university or college may establish.

Duties

        7. The council shall

             (a)  hold not fewer than 2 meetings in a year and those other meetings that it considers necessary;

             (b)  prepare and maintain accurate records of the meetings and business of the council; and

             (c)  at least twice annually review and report on shared program areas of the university and the college.

Recommendations

        8. (1) The council shall make recommendations to the university, the college and the minister, as it considers appropriate, with respect to

             (a)  the strategic directions that should be implemented for post-secondary education in the province;

             (b)  priorities for the provision of post-secondary education in the province to reduce unnecessary duplication of effort and expense;

             (c)  the sharing of library resources, information, career counselling, academic and pre-enrolment advice services, disability services, housing services, distance education delivery and other student support services;

             (d)  cost-effective provincial, national and international student recruitment policies and standards and student recruitment activities;

             (e)  student credit transfer arrangements among the university, the college and other accredited provincial, national and international post-secondary educational programs; and

              (f)  those other matters related to the university and the college that the council considers necessary.

             (2)  In developing and making its recommendations the council shall

             (a)  promote a shared approach between the university and the college with respect to program planning and delivery;

             (b)  endeavour to foster and promote the collaboration of the university and the college on issues related to economic development in the province; and

             (c)  recommend policies to enhance cooperation and specialization in the delivery of post-secondary education academic programs in areas agreed upon by the council.

Assistance to council

        9. The council may request that members of the university board who are also appointed as members of the college board under subsection 10(2.1) of the College Act, 1996 assist the council with respect to those areas for which the council may carry out duties or make recommendations under sections 7 and 8.

Administration

      10. (1) The minister may appoint an employee of the department to be an officer of the council who shall

             (a)  act as the secretary to the council;

             (b)  carry out those duties required by the council;

             (c)  supervise persons employed under subsection (3);

             (d)  manage the business and affairs of the council and ensure that they are conducted in accordance with this Act;

             (e)  co-ordinate and arrange the meetings, work and duties of the council; and

              (f)  prepare and maintain plans, records, annual and other reports of the council operations, proceedings and transactions.

             (2)  An employee appointed as officer of the council under subsection (1) shall attend all meetings of the council but shall not vote on matters before the council.

Action prohibition

      11. A member of the council or of a committee established under this Act or a member of the university board referred to in section 9 is not personally liable in an action or a proceeding for or in respect of an act or thing done or omitted by him or her in good faith in the exercise or purported exercise of his or her duties or powers under this Act or for costs in connection with that action or proceeding.

Review committee

      12.  The minister shall establish, for a period that the minister may determine, a review committee of one or more persons whose function is to review every 5 years the operation of this Act and to report to the minister concerning its operation and stating whether, in its opinion, the principles and purpose of this Act are being followed.

SNL1996 cC-22.1 Amdt.

      13. Section 10 of the College Act, 1996 is amended by adding immediately after subsection (2) the following:

          (2.1)  Three of the members referred to in subsection (1) shall be the same persons who are appointed under paragraph 22(2)(c) of the Memorial University Act.

RSNL1990 cM-7 Amdt.

      14. Paragraph 22(2)(c) of the Memorial University Act is repealed and the following substituted:

             (c)  17 members appointed by the Lieutenant-Governor in Council of whom 3 shall be the same persons who are appointed under subsection 10(2.1) of the College Act, 1996; and

Commencement

      15. This Act comes into force on a date to be proclaimed by the Lieutenant-Governor in Council.