You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

R.R.O. 1990, Reg. 770: COLLEGES OF APPLIED ARTS AND TECHNOLOGY - BOARDS OF GOVERNORS AND COUNCIL OF REGENTS

under Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19

Skip to content
Versions
revoked or spent April 1, 2003

Français

Ministry of Training, Colleges and Universities Act

R.R.O. 1990, REGULATION 770

Amended to O. Reg. 35/03

COLLEGES OF APPLIED ARTS AND TECHNOLOGY — BOARDS OF GOVERNORS AND COUNCIL OF REGENTS

Note: This Regulation was revoked on the day that section 8 of the Ontario Colleges of Applied Arts and Technology Act, 2002 comes into force. This day has been named as April 1, 2003. See: O. Reg. 35/03, ss. 1, 2.

This is the English version of a bilingual regulation.

1. In this Regulation,

“academic staff member” means a person who is employed by the board of governors as a teacher, counsellor or librarian; (“membre du corps enseignant”)

“administrative staff member” means a person who is employed by the board of governors and who is not an academic staff member or a support staff member; (“membre du personnel administratif”)

“college” means a college of applied arts and technology that offers programs of instruction in one or more fields of vocational, technological, general and recreational education and training in day or evening courses and for full-time or part-time students; (“collège”)

“Council of Regents” means the Ontario Council of Regents for Colleges of Applied Arts and Technology; (“Conseil des affaires collégiales”)

“municipality” means the corporation of a metropolitan, regional or district municipality, a county, city, town, village, township or improvement district; (“municipalité”)

“program of instruction” means a group of related courses leading to a diploma, certificate or other document awarded by the board of governors; (“programme d’enseignement”)

“same-sex partner” means a same-sex partner within the meaning of section 29 of the Family Law Act; (“partenaire de même sexe”)

“spouse” means a spouse within the meaning of section 29 of the Family Law Act; (“conjoint”)

“student” means a person who is enrolled in a program of instruction in a college; (“étudiant”)

“support staff member” means a person who is employed by the board of governors as a member of the office, clerical, technical, health care, maintenance, building, service, shipping, transportation, cafeteria or nursery staff. (“membre du personnel de soutien”) R.R.O. 1990, Reg. 770, s. 1; O. Reg. 84/00, s. 1.

2. (1) The members of the Council of Regents except the chair, shall be paid the actual amounts spent in travelling and living expenses while engaged in business of the Council of Regents. R.R.O. 1990, Reg. 770, s. 2 (1).

(2) The chair of the Council of Regents shall be paid a travelling allowance or his or her actual expenses incurred in the business of the Council. R.R.O. 1990, Reg. 770, s. 2 (2).

(3) In addition to the payment under subsection (1), there shall be paid to each member of the Council of Regents, except the Chair, for each day that the member attends a meeting in respect of the business of the Council of Regents, a daily allowance of $125. R.R.O. 1990, Reg. 770, s. 2 (3).

3. (1) A board of governors of a college shall be composed of,

(a) an even number of members, but not less than twelve and not more than twenty, appointed by the Council of Regents, none of whom shall be a full-time employee or a spouse or same-sex partner of a full-time employee of a college of applied arts and technology;

(b) the president of the college, by virtue of office; and

(c) if the relevant staff or student group exercises an option for membership on the board, one student, one academic staff member, one administrative staff member and one support staff member, each of whom shall be appointed by the Council of Regents. R.R.O. 1990, Reg. 770, s. 3 (1); O. Reg. 84/00, s. 2; O. Reg. 27/02, s. 1.

(2) In determining the appointment of the members under clause (1) (a), the Council of Regents shall give consideration to nominees submitted by the board of governors and from other sources. R.R.O. 1990, Reg. 770, s. 3 (2).

(2.1) In appointing members to a board of governors under clause (1) (a), the Council of Regents shall recognize the importance of ensuring gender balance and the equitable representation of persons with disabilities and persons from the ethnic, racial and linguistic communities served by the college. O. Reg. 682/93, s. 1.

(2.2) The Council of Regents shall report to the Minister annually on the composition of each board of governors and, in particular, on the steps taken to comply with subsection (2.1). O. Reg. 682/93, s. 1.

(3) The Council of Regents shall appoint as members under clause (1) (c) only those persons duly elected in accordance with procedures and conditions established by the board of governors in consultation with the college students and staff and approved by the Council of Regents. R.R.O. 1990, Reg. 770, s. 3 (3).

(4) A member of a board of governors appointed under clause (1) (a) shall be appointed to hold office for a term not to exceed three years and subject to subsection (5), may be reappointed for successive terms not to exceed three years each. R.R.O. 1990, Reg. 770, s. 3 (4).

(5) A member of a board of governors appointed under clause (1) (a) shall not serve for more than six years consecutively but on the expiration of two years after having served on the board of governors for six consecutive years a person shall again be eligible for appointment to the board of governors. R.R.O. 1990, Reg. 770, s. 3 (5).

(6) The limit of six consecutive years referred to in subsection (5) does not include,

(a) service on the board of governors for the balance of an unexpired term for a person who becomes a member of the board of governors under subsection (9); or

(b) service on the board of governors as a member by virtue of office. R.R.O. 1990, Reg. 770, s. 3 (6).

(6.1) In addition to the members referred to in clauses (1) (a) and (b), the Conseil d’administration du Collège d’arts appliqués et de technologie du Centre/Sud-Ouest and the Conseil d’administration du Collège d’arts appliqués et de technologie du Nord shall each include four persons appointed by the Council of Regents to represent, respectively, the interests of students, academic staff members, administrative staff members and support staff members. O. Reg. 683/93, s. 1.

(7) A quorum for a board of governors is eleven members. R.R.O. 1990, Reg. 770, s. 3 (7).

(8) A quorum for a standing committee of a board of governors is a majority of the committee members. R.R.O. 1990, Reg. 770, s. 3 (8).

(9) The Council of Regents may appoint a person to fill a vacancy that occurs for any reason among the members of a board of governors appointed under clause (1) (a) for the remainder of the term of the member. R.R.O. 1990, Reg. 770, s. 3 (9).

(10) The first members of a board of governors shall take office upon their appointment and thereafter members of a board of governors shall take office on the 1st day of September in the year of their appointment. R.R.O. 1990, Reg. 770, s. 3 (10).

(11) Despite subsection (10), if the term of office of a member of a board of governors expires on the 31st day of December in 1990 or 1991, the person who is appointed to succeed the member shall take office on the 1st day of January in 1991 or 1992, as the case requires. R.R.O. 1990, Reg. 770, s. 3 (11).

(12) Despite subsection (5), if the Council of Regents fails to appoint a successor for a member before the member’s term of office expires, the member shall remain in office until his or her successor is appointed under subsection (13). R.R.O. 1990, Reg. 770, s. 3 (12).

(13) The Council of Regents shall appoint a successor for a member whose term of office is extended under subsection (12) and, despite subsections (10) and (11), determine the date upon which the appointment is to take effect, at its next regular meeting after the date on which the member’s term of office would have otherwise expired, except if the Minister requires that a special meeting be held for the purpose. R.R.O. 1990, Reg. 770, s. 3 (13).

(14) Where within any twelve-month period a member of a board of governors, other than the member by virtue of office, not having been granted leave of absence by the board of governors, attends less than 50 per cent of the regular meetings of the board of governors or is absent for four consecutive meetings of the board of governors, the board of governors may by simple resolution declare his or her membership vacant. R.R.O. 1990, Reg. 770, s. 3 (14).

(15) A board of governors shall not,

(a) acquire by purchase, lease, deed, contract, grant or devise; or

(b) sell, grant, convey, mortgage, pledge, lease or otherwise dispose of,

any real property or any part thereof, or any interest therein, without the written approval of the Minister. R.R.O. 1990, Reg. 770, s. 3 (15).

(16) Section 276 of the Corporations Act does not apply to a board of governors that holds land or an interest therein. R.R.O. 1990, Reg. 770, s. 3 (16).

(17) A board of governors shall not,

(a) approve a proposed annual budget prepared in respect of a fiscal year of a college that would provide for an accumulated deficit at the end of such fiscal year; or

(b) make any expenditures that are not within the financial limits set by the annual budget,

without the written approval of the Minister. R.R.O. 1990, Reg. 770, s. 3 (17).

(18) The board of governors shall elect annually a chair and a vice-chair from among its members appointed under clause (1) (a) and both shall be eligible for re-election. R.R.O. 1990, Reg. 770, s. 3 (18).

(19) In the case of the absence or illness of the chair and the vice-chair or there being vacancies in those offices the board of governors may appoint one of its members appointed under clause (1) (a) to act as chair for the time being and the member so appointed shall act and have all the powers of the chair. R.R.O. 1990, Reg. 770, s. 3 (19).

(20) The board of governors shall appoint a secretary and a treasurer or in lieu of a secretary and treasurer a secretary-treasurer and such other officers as the board of governors may determine from time to time by resolution. R.R.O. 1990, Reg. 770, s. 3 (20).

(21) A board of governors shall appoint one or more auditors licensed under the Public Accountancy Act to audit the accounts and transactions of the college at least once a year and not later than the 30th day of June in each year submit to the Minister a copy of such audited financial statements for the preceding fiscal year. R.R.O. 1990, Reg. 770, s. 3 (21).

(22) Each board of governors shall keep records and minutes of its proceedings that accurately reflect the proceedings of the board. R.R.O. 1990, Reg. 770, s. 3 (22).

(23) In addition to the records and minutes of its proceedings, each board shall submit to the Minister such minutes and records with respect to the business of the board as may be requested by the Minister. R.R.O. 1990, Reg. 770, s. 3 (23).

(24) At least once every three years, each board of governors shall cause an operational review of the college to be conducted in a manner that is in the opinion of the Minister comprehensive, thorough and objective. R.R.O. 1990, Reg. 770, s. 3 (24).

(25) A copy of every report, study or document received by a board of governors that relates to the operational review conducted by the board under subsection (24) shall where requested by the Minister be forwarded to the Minister. R.R.O. 1990, Reg. 770, s. 3 (25).

(26) The by-laws of a board of governors shall be open to examination by the public during the normal office hours of the college. R.R.O. 1990, Reg. 770, s. 3 (26).

(27) Subject to subsections (28) and (29), all meetings of a board of governors shall be open to the public and prior notice of the meeting shall be given to the members of the board of governors and to the public in such manner as the board of governors by by-law shall determine, and no person shall be excluded from a meeting except for improper conduct as determined by the board of governors. R.R.O. 1990, Reg. 770, s. 3 (27).

(28) Where a matter determined by a board of governors to be confidential to the college is to be considered, the part of the meeting concerning such confidential matter may be closed to the public. R.R.O. 1990, Reg. 770, s. 3 (28).

(29) Where a matter of a personal nature concerning an individual may be considered at a meeting, the part of the meeting concerning such individual shall be closed to the public unless such individual requests and the board of governors agrees that that part of the meeting be open to the public. R.R.O. 1990, Reg. 770, s. 3 (29).

(30) Where a person appointed to the board under clause (1) (c) ceases to be a student, academic staff member, administrative staff member or support staff member, as the case may be, the person ceases to be a member of the board. R.R.O. 1990, Reg. 770, s. 3 (30).

(31) Despite subsection (30), a student appointed under clause (1) (c) who graduates prior to the expiration of the student’s term may remain a member of the board until the expiration of such term. R.R.O. 1990, Reg. 770, s. 3 (31).

4. Subject to the approval of the Minister, the board of governors shall select the site, or sites, of the college. R.R.O. 1990, Reg. 770, s. 4.

5. (1) A board of governors has the power to appoint, classify, promote, suspend, transfer, reclassify or remove,

(a) a president of the college; and

(b) administrative, teaching and non-teaching personnel,

subject to the salary and wage rates and according to the terms and conditions established by the Council of Regents and approved by the Minister. R.R.O. 1990, Reg. 770, s. 5 (1).

(2) The board of governors may by by-law delegate to the president of the college or other officer or employee of the board as may be recommended by the president of the college such of its powers to appoint, classify, promote, suspend, transfer, reclassify or remove those persons mentioned in clause (1) (b). R.R.O. 1990, Reg. 770, s. 5 (2).

(3) The process used by each board of governors in relation to the appointment, review and removal of a college president is subject to the approval of the Minister. R.R.O. 1990, Reg. 770, s. 5 (3).

(4) Before making a determination with respect to the process used to appoint, review or remove a college president, the Minister shall consider at least the scope of the presidential search, the selection criteria used by the board, the membership of the college search committee and the performance appraisal methods used by the board. R.R.O. 1990, Reg. 770, s. 5 (4).

(5) Each board of governors shall, no later than a date specified by the Minister, submit for the approval of the Minister an annual report in respect of its college in such format and containing such data as the Minister may require. R.R.O. 1990, Reg. 770, s. 5 (5).

(6) A board of governors shall make available publications of programs of instruction, admission requirements and fees approved by the Minister. R.R.O. 1990, Reg. 770, s. 5 (6).

6. Except for programs of instruction conducted under subsection 5 (5) of the Act, programs of instruction shall be approved by the Minister. R.R.O. 1990, Reg. 770, s. 6.

7. (1) An advisory committee for each program of instruction offered at a college shall be composed of members appointed by the board of governors for the college. R.R.O. 1990, Reg. 770, s. 7 (1).

(2) An advisory committee shall advise the board of governors and make recommendations to the board of governors regarding programs of instruction and the introduction of new programs of instruction. R.R.O. 1990, Reg. 770, s. 7 (2).

8. (1) A person who applies for admission to a program of instruction and who,

(a) is the holder of an Ontario Secondary School Diploma;

(b) is nineteen years of age or older on or before the commencement of the program in which the student intends to enroll; or

(c) does not meet the criteria set out in clauses (a) and (b) but is the holder of an admission requirement established by the board of governors for a specific program of instruction,

shall be considered for admission to an appropriate program of instruction. R.R.O. 1990, Reg. 770, s. 8 (1).

(2) The requirement set out in subsection (1) may be subject to the criteria set out in the college’s central admission publication with respect to a particular program of instruction. R.R.O. 1990, Reg. 770, s. 8 (2).

(3) For the purposes of clause (1) (a), an Ontario Secondary School Diploma includes an Ontario Secondary School Graduation Diploma or an Ontario Secondary School Honours Graduation Diploma. R.R.O. 1990, Reg. 770, s. 8 (3).

9. A board of governors may approve allowances for travelling on college business by members of the board of governors, the advisory committees, and members of the administrative, teaching and non-teaching personnel of the college, and provision therefor shall be made in the annual budget. R.R.O. 1990, Reg. 770, s. 9.

10. (1) The categories of diplomas, certificates or other documents awarded by a board of governors attesting to the attendance or completion of a course or program of instruction are subject to the approval of the Minister. R.R.O. 1990, Reg. 770, s. 10 (1).

(2) Subsection (1) does not apply to degrees, certificates or diplomas awarded under subsection 5 (5) of the Act. R.R.O. 1990, Reg. 770, s. 10 (2).

(3) Before making a determination with respect to the categories of diplomas, certificates or other documents awarded by the board of governors, the Minister shall consider at least the academic integrity of the college system and the degree of public recognition and acceptance to the diplomas, certificates and other documents. R.R.O. 1990, Reg. 770, s. 10 (3).

11. (1) Each board of governors shall establish, in accordance with guidelines established by the Minister, a college council through which college staff and students may provide advice to the president of the college. R.R.O. 1990, Reg. 770, s. 11 (1).

(2) The guidelines of the Minister shall consider at least the structure, composition and terms of reference of the council, the methods of determining membership on the council and extent of the communications required between the council and the board of governors. R.R.O. 1990, Reg. 770, s. 11 (2).

12. (1) A member of the board of governors or the college council shall not be remunerated by the board of governors for undertaking the responsibilities of a board or council member. R.R.O. 1990, Reg. 770, s. 12 (1).

(2) Subsection (1) does not apply to members who are members by virtue of office. R.R.O. 1990, Reg. 770, s. 12 (2).

(3) For the purposes of subsection (1), a member of the college council includes a member of a committee or sub-committee of council. R.R.O. 1990, Reg. 770, s. 12 (3).

Français