Revised Statutes of Newfoundland 1990 Chapter P-31

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Revised Statutes of Newfoundland 1990

CHAPTER P-31

AN ACT RESPECTING THE INSTITUTE OF FISHERIES AND MARINE TECHNOLOGY, THE FISHER INSTITUTE OF APPLIED ARTS AND TECHNOLOGY AND THE CABOT INSTITUTE OF APPLIED ARTS AND TECHNOLOGY
Analysis

1. Short title

2. Definitions

3. Institutes established

4. Departments

5. Properties and affairs of the Institutes

6. Application of municipal Acts

7. Exemption from taxation

12. Tenure of appointment

13. Expenses of board members

14. Powers of board

15. Duties of board

16. Protection against liability

17. Yearly budget

18. General funds of board

19. Expenditure

20. Trust funds of board

21. Investment of trust funds

22. Financial year

23. Minutes and records

24. Financial statement and report

25. Audit of accounts

26. Bonding of board

27. Pensions

28. Regulations

Short title

1. This Act may be cited as the Provincial Institutes Act.

1987 c16 s1

2. In this Act

(a) "board" means the board of governors of an institute;

(b) "certificate" means the document which certifies that a certain number of hours of study have been completed;

(d) "institute" means

(i) the Newfoundland and Labrador Institute of Fisheries and Marine Technology,

(ii) the Fisher Institute of Applied Arts and Technology, and

(iii) the Cabot Institute of Applied Arts and Technology;

(e) "minister" means the Minister of Education;

(f) "president" means the president of an institute;

(g) "provincial program" means a program so designated by the minister, and includes a program which is governed by an Act or regulation; and

(h) "vice-president" means a vice-president of an institute.

1987 c16 s2; 1990 c26 Sch B

3. (1) The Newfoundland and Labrador Institute of Fisheries and Marine Technology is continued for the purpose of providing technical programs and research in the areas of fisheries, navigation, marine science and engineering technology.

(2) The Fisher Institute of Applied Arts and Technology is continued.

(3) The Cabot Institute of Applied Arts and Technology is continued.

(4) The institutes in subsections (2) and (3) shall

(a) operate facilities and programs for the education of persons pursuing post-secondary education programs leading to certificates and diplomas of applied arts and technology;

(b) identify in conjunction with regional educational authorities and institutions, the educational needs of the persons who attend the institutes and provide educational programs to meet those needs; and

(c) carry out the additional technical or other programs that the boards of the institutes determine to be in the public interest.

(5) A provincial program may not be undertaken by an institute until it has been approved by the minister.

(6) A program regulated by statute may not be undertaken by an institute until it has been approved by the minister.

1987 c16 s3

4. An institute may be divided into those departments of instruction and divisions that the board, with the approval of the minister, prescribes.

1987 c16 s4

5. (1) Property necessary for the purposes of an institute shall be acquired whether by deed, lease or otherwise by and in the name of the Crown.

(2) The right of management and control of the property referred to in subsection (1) is vested in the respective board of the appropriate institute, which shall, on behalf of the institute, control and manage and administer the properties, revenues, expenditures, business and affairs of that institute.

1987 c16 s5

6. (1) The City of St. John's Act or other Act in force relating to the City of St. John's that permits the taking of land either for streets or for another purpose does not apply to property the management and control of which is vested in a board.

(2) The City of Corner Brook Act or other Act in force relating to the City of Corner Brook that permits the taking of land either for streets or for another purpose does not apply to property the management and control of which is vested in a board.

1987 c16 s6

7. Real property, the management and control of which is vested in the boards under subsection 5(2), is exempt from provincial, municipal or other local taxation while used for the purposes of this Act.

1988 c54 s18

8. (1) The Lieutenant-Governor in Council shall appoint, for each institute, a president who shall be the chief executive officer of that institute.

(2) The president is charged with the general supervision and direction of the administration of the institute for which he or she is appointed and of the instructional and secretarial staff, officers and other employees in the performance of their duties.

(3) A president shall, by virtue of his or her office, be a member of all committees established by a board and shall exercise the powers and perform the duties that are assigned to a president by a board and shall make recommendations to a board respecting matters concerning the administration of an institute.

1987 c16 s8

9. The Lieutenant-Governor in Council may appoint 1 or more vice-presidents of an institute who shall perform the duties that may be assigned to them by the president and during the absence of the president, 1 of the vice-presidents shall carry out the duties of the president.

1987 c16 s9

10. (1) The salaries or other remuneration of a president and vice-president shall be fixed by the Lieutenant-Governor in Council.

(2) The Lieutenant-Governor in Council may remove the president and vice-president of an institute.

1987 c16 s10

11. (1) The boards of

(a) the Institute of Fisheries and Marine Technology;

(b) the Fisher Institute of Applied Arts and Technology; and

are continued as corporations.

(2) A board shall consist of not more than 11 members.

(3) The Lieutenant-Governor in Council shall appoint the members of a board and shall designate 1 of the members as chairperson and 1 as vice-chairperson.

(4) The Deputy Minister of Education or the representative of that deputy minister and the Deputy Minister of Fisheries or the representative of that deputy minister shall be members of the board of governors of the Newfoundland and Labrador Institute of Fisheries and Marine Technology.

(5) The Deputy Minister of Education or a representative of that deputy minister shall be a member of the boards of governors of the Fisher Institute of Applied Arts and Technology and the Cabot Institute of Applied Arts and Technology.

(6) The president, by virtue of his or her office, shall be a non-voting member of the board of an institute.

(7) The minister shall appoint to each board 1 member who shall

(a) be a full-time student of the institute nominated by the executive body of the student association of that institute; and

(b) hold office for a 1 year period only.

(8) Other members of a board, other than the president, hold office for a period of 3 years and are eligible to be reappointed.

(9) One-third of its members constitutes a quorum of a board.

(10) A vice-chairperson, in the absence of the chairperson, possesses and may exercise the powers and shall perform the duties of the chairperson.

(11) Where the chairperson and vice-chairperson are not present at a meeting of a board before the end of 20 minutes from the time set for the meeting, a majority of a board then present, where there is a quorum, may elect a chairperson for that meeting from among its membership.

1987 c16 s11; 1990 c26 Sch B

12. (1) Members of a board, except the student member, hold office during pleasure for a term of 3 years.

(2) An appointed member of a board, where qualified under this section, is eligible for reappointment to the board, but after 2 consecutive terms on the board that person stops being qualified for reappointment until the end of 3 years from the time he or she last stopped being a member of the board.

(3) An appointed member of a board whose term of office has ended continues to be a member of that board until a successor is appointed.

1987 c16 s12

13. Members of a board, including the chairperson, shall be reimbursed by the board for expenses incurred in relation to meetings and the work of the board in accordance with a scale for expenses that may be approved by the Lieutenant-Governor in Council.

1987 c16 s13

14. (1) A board may, after consultation with the president

(a) appoint, promote or remove administrative, instructional and secretarial staff and other officers and employees except a president and vice-president;

(b) fix and collect fees and charges to be paid to an institute;

(c) fix standards of admission of students to an institute and set the standards to be maintained by students during courses of study;

(d) approve courses of study that lead to certificates and diplomas of applied arts and technology subject to the approval of the minister;

(e) accept and disburse grants, gifts and bequests to an institute and payments for services and research;

(f) establish a code of discipline for the students of an institute with power to expel students, and delegate to the president the right to impose fines that may be prescribed in the code;

(g) select a seal and arms for an institute and retain sole custody and use of them;

(h) appoint advisory committees and pay the reasonable expenses incurred in connection with the work of a committee that the board may approve;

(i) provide facilities and grants, enter into agreements for research and prescribe the terms and conditions under which research may be conducted at an institute;

(j) provide for the effective use of the services and facilities provided by an institute;

(k) co-operate and enter into agreements with

(i) a government,

(ii) a person who carries on a trade, business or commercial activity, or

(iii) other educational institutions

for the establishment, maintenance and conduct of programs of instruction leading to diplomas, certificates and degrees; and

(l) perform other functions consistent with this Act that it considers advisable for the proper administration and advancement of an institute.

(2) A board may appoint those committees that it thinks desirable to carry out its activities and may delegate to a committee those powers and duties of a board that it thinks appropriate.

1987 c16 s14

15. It is the duty of a board

(a) to make the general policies of an institute that will govern its organization, administration and operation;

(b) to assess the provincial educational needs of courses of study of which an institute has been given a mandate;

(c) to authorize and make provision for the various programs of instruction and other educational activities of an institute subject to the approval of the minister where required;

(d) to make provision for the keeping of full and accurate records of its proceedings and transactions;

(e) to account for the receipts and disbursements of an institute in the manner and form that is consistent with accepted accounting principles;

(f) to fix and collect fees and charges to be paid to an institute;

(g) to assess the need for new buildings and repairs or alterations to existing buildings or premises administered by a board and to make recommendations to the appropriate government department;

(h) to provide furniture, equipment and the apparatus necessary for the purposes of an institute;

(i) to prescribe the procedure at meetings and to make rules relating to the conduct of the affairs of the board;

(j) to maintain a plant ledger that lists the buildings, equipment and other chattels belonging to an institute;

(k) to grant certificates and diplomas for courses and programs of study;

(l) to sell or otherwise dispose of worn out or obsolete equipment in the most judicious way and adjust the accounting records of an institute accordingly; and

(m) to co-operate and enter into agreements with another educational institution leading to diplomas and certificates in order to provide in the province programs of instruction or courses of study.

1987 c16 s15

16. (1) Without affecting section 19 of the Interpretation Act, a member of a 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 the office or in the exercise of or supposed exercise of, the powers given to a board or to a member of the board.

(2) An action or proceeding may not be brought against an institute in respect of an act or omission of a member of a board unless the act or omission would, apart from this section, have given rise to a cause of action against that member of the board.

(3) Neither an institute nor a board, nor a member of a board, nor an officer or employee of an institute, is liable because of an act or omission of them in respect of an activity of students or on account of an act or omission of a student.

1987 c16 s16

17. (1) A board shall, not later than a date to be set by the minister in a financial year, prepare, adopt and submit to the minister a budget containing estimates of sums required during the next financial year for the purposes of the board.

(2) In a budget there shall be set out the estimated revenue and expenditure in the detail and in the form that the minister may prescribe.

(3) The minister may approve or disapprove a budget submitted by the board.

(4) Except with the approval of the minister, a 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 an approved budget.

1987 c16 s17

18. (1) The general funds of a board shall consist of

(a) money appropriated by the Legislature for an institute or for the purposes of a board;

(b) fees, gifts, bequests, grants or other money received by a board for its general purposes and not subject to special trusts or conditions;

(d) money received by an institute by way of fees from persons attending the institute; and

(e) other money received by a board for its general purposes.

(2) Payments required to be made from the funds of a board shall be made by cheque or order signed by either the person employed as treasurer of an institute, or the chairperson of a board and another person that a board may designate.

1987 c16 s18

19. A board may pay necessary expenses of its operations out of its general funds.

1987 c16 s19

20. (1) With the exception of money and property received from the public revenue, a board shall in its corporate capacity be trustee of money and property given or bequeathed for the purposes of an institute, 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 a board in trust for special purposes, a 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 a board.

1987 c16 s20

21. A 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.

1987 c16 s21

22. The financial year of a board begins on April 1 in each year and ends on March 31 in the following year.

1987 c16 s22

23. The chairperson of a board shall direct regular minutes of the meetings of a board and complete books of account to be kept.

1987 c16 s23

24. (1) A board shall, not later than May 31 in a calendar year, prepare and submit to the minister a financial statement setting out its assets and liabilities and its receipts and expenditures for the financial year just ended, together with a report concerning its work during that financial year.

(2) A board shall provide to the minister other reports relating to an institute that the minister may request covering those matters that the minister may indicate in the request.

(3) The financial statement referred to in subsection (1) shall be signed by the chairperson and 1 other member of a board.

1987 c16 s24

25. (1) The auditor general shall audit the accounts of a board and has authority to call for and shall be supplied by a board with books and vouchers which he or she considers necessary for the audit.

(2) A financial statement submitted to the minister under section 24 shall be examined by the auditor general, and the auditor general shall, before August 31 following the financial year covered by the statement, forward to the minister an examined copy of the statement together with a copy of a report on that statement that the auditor general has made to a board.

1987 c16 s25

26. (1) A board shall acquire and maintain a bond with a bonding or insurance company to indemnify it 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 the auditor general considers desirable.

(3) It is a condition of employment of a person employed by a board as a treasurer or in another office that the auditor general may designate that the person be bonded in the same manner that a board is required to be bonded under subsection (1) but in the amount that the auditor general may prescribe.

1987 c16 s26

27. The Public Service Pensions Act applies to a president, vice-president, instructional and secretarial staff and other officers and employees of a board, as if they were employees of the government of the province; 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.

1987 c16 s27

28. The Lieutenant-Governor in Council may make regulations

(a) for the conduct, management and control of an institute or a division of an institute;

(b) for the administration of the properties, revenues, expenditures, business and affairs of a board;

(d) regulating the powers of a board under this Act; and

(e) generally, to give effect to the purpose of this Act.

1987 c16 s28