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ONTARIO regulation 34/03

made under the

Ontario Colleges of Applied Arts and Technology act, 2002

Made: December 18, 2002
Filed: February 11, 2003
Printed in The Ontario Gazette: March 1, 2003

general

Contents

Interpretation

1.

Definitions

Colleges of Applied Arts and Technology

2.

Colleges established

3.

Grants to French language colleges

Board of Governors

4.

Composition of boards of governors

5.

Procedure for boards of governors

6.

Removal of member

7.

Vacancies

8.

Strategic plan, business plan and annual report

9.

Balanced budget

10.

Allowances for board members

Admissions, Diplomas, Etc.

11.

Admissions

12.

Categories of diplomas, etc.

College Compensation and Appointments Council

13.

College Compensation and Appointments Council

Insured Benefits and College Pensions

14.

College of Applied Arts and Technology Pension Plan

Minister’s Intervention

15.

Minister’s Intervention

16.

Immunity from Liability

Commencement

17.

Commencement

Interpretation

Definitions

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, a support staff member or a student; (“membre du personnel administratif”)

“Council” means the College Compensation and Appointments Council established under section 13; (“Conseil”)

“Council of Regents” means the Council of Regents established under section 5 of the Ministry of Training, Colleges and Universities Act; (“Conseil des affaires collégiales”)

“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”)

“student” means a person who is enrolled in a course or 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”).

Colleges of Applied Arts and Technology

Colleges established

2. (1) The following colleges are established:

1. The Algonquin College of Applied Arts and Technology.

2. The Cambrian College of Applied Arts and Technology.

3. The Canadore College of Applied Arts and Technology.

4. The Centennial College of Applied Arts and Technology.

5. Collège Boréal d’arts appliqués et de technologie.

6. Collège d’arts appliqués et de technologie La Cité collégiale.

7. Collège d’arts appliqués et de technologie des Grands Lacs.

8. The Conestoga College Institute of Technology and Advanced Learning.

9. The Confederation College of Applied Arts and Technology.

10. The Durham College of Applied Arts and Technology.

11. The Fanshawe College of Applied Arts and Technology.

12. The George Brown College of Applied Arts and Technology.

13. The Georgian College of Applied Arts and Technology.

14. The Humber College Institute of Technology and Advanced Learning.

15. The Lambton College of Applied Arts and Technology.

16. The Loyalist College of Applied Arts and Technology.

17. The Mohawk College of Applied Arts and Technology.

18. The Niagara College of Applied Arts and Technology.

19. The Northern College of Applied Arts and Technology.

20. The St. Clair College of Applied Arts and Technology.

21. The St. Lawrence College of Applied Arts and Technology.

22. The Sault College of Applied Arts and Technology.

23. The Sheridan College Institute of Technology and Advanced Learning.

24. The Seneca College of Applied Arts and Technology.

25. The Sir Sandford Fleming College of Applied Arts and Technology.

(2) The boards of governors of the colleges referred to in subsection (1) as they were constituted immediately before this Regulation comes into force shall be deemed to be established in accordance with this Regulation when this Regulation comes into force.

Grants to French language colleges

3. (1) It is a condition of the payment of legislative grants to a French language college that, except for instruction of English as a second language,

(a) all programs and services offered by the college that are funded in whole or in part through provincial government general purpose operating grants shall be offered only in French; and

(b) all programs and services delivered by the college on behalf of the provincial government shall be delivered only in French.

(2) No English language college may provide French language programs and services, except for instruction of French as a second language, unless the college has entered into a joint agreement in writing with all of the French language colleges.

(3) In this section,

“English language college” means any college named in this Regulation other than a French language college;

“French language college” means the college known as Collège d’arts appliqués et de technologie La Cité collégiale, the college known as Collège d’arts appliqués et de technologie des Grands Lacs or the college known as Collège Boréal d’arts appliqués et de technologie.

Boards of Governors

Composition of boards of governors

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

(a) an even number of members, as established by the by-laws of the board of governors, but shall be composed of not less than 12 and not more than 20 members exclusive of the president and members elected under clause (c);

(b) the president of the college, by virtue of office, as a voting member; and

(c) one student, one academic staff member, one administrative staff member and one support staff member, each of whom shall be elected by the students or by the relevant staff group.

(2) The Council shall appoint the members of the board of governors of a college except the president, who is a member by virtue of office, and the members elected under clause (1) (c).

(3) No member appointed under subsection (2) shall be an employee or a student or a spouse or same-sex partner of an employee or student of a college of applied arts and technology.

(4) A college board of governors is not improperly constituted solely because the students or a staff group referenced in clause (1) (c) choose not to exercise the right to elect a member under clause (1) (c).

(5) No person shall be a member of the college board of governors under clause (1) (c) unless the person is duly elected in accordance with procedures established by the board after consultation with the students and with the staff referenced in clause (1) (c) and set out in a by-law of the board. 

(6) A member of a board of governors appointed under subsection (2) or elected under clause (1) (c), other than a member elected by the students, shall hold office for a term not to exceed three years and shall not serve for more than six years consecutively but is eligible for reappointment or re-election, as the case may be, after two years absence from the board for successive terms not to exceed six years in total.

(7) A member of the board of governors elected by the students under clause (1) (c) shall hold office for a term not to exceed two years and shall not serve for more than four years consecutively but is eligible for re-election after two years absence from the board for successive terms not to exceed four years in total.

(8) The members of a board of governors shall take office on the 1st day of September in the year of their appointment or election, as the case may be.

(9) For purposes of this section,

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

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

Procedure for boards of governors

5. (1) A quorum for a board of governors meeting is not less than two-thirds of the total board membership. 

(2) The board of governors shall, in accordance with its by-laws, annually or every two years elect a chair and vice-chair from among its members appointed under subsection 4 (2) and the chair and vice-chair are eligible for re-election. 

(3) Each board of governors shall keep records and minutes of its proceedings that accurately reflect the proceedings of the board. 

(4) The by-laws of a board of governors,

(a) shall be open to examination by the public during the normal office hours of the college; and

(b) wherever possible, shall be available to the public at no charge on a web site on the Internet.

(5) Subject to subsections (6) and (7), 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. 

(6) Where a matter determined by a board of governors to be confidential to the college in accordance with criteria established by by-law is to be considered, the part of the meeting concerning such confidential matter may be closed to the public.

(7) 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.

Removal of member

6. (1) Every board of governors shall establish a by-law that sets out the reasons for removing a member from the board and the procedure that is to be followed in removing such a member.

(2) A by-law made under subsection (1) does not apply to the president of the college who is a member of the board of governors by virtue of office.

(3) The board of governors may remove a member from the board, other than the president, for a reason set out in the by-law established under subsection (1) and in accordance with the procedure set out in the by-law.

(4) On application by the person, the Council may review a decision to remove the person from the board of governors.

(5) The Council’s review under subsection (4) is limited to determining whether the removal was for a reason set out in the by-law established under subsection (1) and in accordance with procedure established in the by-law and does not include a review of whether the board of governors was correct in removing the member.

(6) The decision of the Council under subsection (4) on whether the decision of the board was made for a reason set out in the by-law established under subsection (1) and in accordance with the procedure established in the by-law is final and binding.

Vacancies

7. (1) Where  a vacancy occurs among the members of a board of governors elected under clause 4 (1) (c),  the students or the staff referenced in clause 4 (1) (c), as the case may be, shall in accordance with the by-law established under subsection 4 (5) elect a new member.

(2) Where  a vacancy occurs among the members of a board of governors appointed under subsection 4 (2),  the Council shall appoint a person to fill the vacancy.

(3) The term of a member elected under subsection (1) or appointed under subsection (2),

(a) commences on the date of the election or appointment, as the case may be;

(b) subject to clause (c), shall be of the same length as a member appointed  under subsection 4 (2) or elected under clause 4 (1) (c); and

(c) shall terminate on August 31 of the year in which the term ends. 

(4) Where a person elected to the board under clause 4 (1) (c) ceases temporarily or permanently 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. 

(5) Despite subsection (4), a student elected under clause 4 (1) (c) who graduates prior to the expiration of the student’s term may remain a member of the board until August 31 in the year of his or her graduation. 

Strategic plan, business plan and annual report

8. (1) The board of governors of each college shall submit a strategic plan, a business plan and an annual report or any combination of them as the Minister directs to the Minister.

(2) The board of governors of a college,

(a) shall compile key performance indicators as identified by the Minister and provide such indicators to the Minister or to another person as directed by the Minister; and

(b) shall publish such indicators as may be required by the Minister.

(3) The board of governors of a college shall ensure that a plan or report submitted under subsection (1) is available to the public.

(4) The Minister may require a college to enter into an accountability agreement relating to the strategic plan to address such aspects of college operations as may be identified by the Minister.

(5) The accountability agreement may recognize differentiation in college mandates or roles.

Balanced budget

9. (1) The board of governors of a college shall ensure that the college balances its budget every year.

(2) If it appears that a college will not balance its budget in a year and that an accumulated deficit will occur, the board of governors of the college shall seek the Minister’s approval in respect of the budget and shall provide the Minister with an appropriate recovery plan as directed by the Minister.

Allowances for board members

10. (1) A board of governors may approve allowances for board members for travelling and living expenses incurred by members while engaged in the business of the board, but members shall otherwise not be remunerated by the board for undertaking the responsibilities of a board member. 

(2) For the purposes of this section, a member of the board of governors of a college includes a member of a committee or sub-committee of the board.

Admissions, Diplomas, etc.

Admissions

11. (1) A person who applies for admission to a program of instruction shall be considered for admission to an appropriate program of instruction if the person,

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

(b) is 19 years of age or older on or before the commencement of the program in which the student intends to enrol; 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.

(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.

Categories of diplomas, etc.

12. 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. 

College Compensation and Appointments Council

College Compensation and Appointments Council

13. (1) A council known in English as the College Compensation and Appointments Council and in French as Conseil de la rémunération et des nominations dans les collèges is hereby established.

(2) The Council shall,

(a) perform the duties assigned to it under the Colleges Collective Bargaining Act;

(b) subject to subsection 6 (3) and clause 15 (1) (c), appoint members of college boards of governors pursuant to subsection 4 (2);

(c) consider applications for review under subsection 6 (4) from any person who is removed as a member from a college board of governors;

(d) establish, in consultation with college boards of governors, the terms and conditions of insured benefit plans for college staff members whether or not they are members of bargaining units under the Colleges Collective Bargaining Act and shall be the policy holder for the benefit plans; and

(e) perform such other duties as may be assigned to it from time to time by the Minister.

(3) The Council shall be composed of such members as may be appointed to it by the Lieutenant Governor in Council.

(4) The Council shall establish, on behalf of college boards of governors and in consultation with them, the terms and conditions of employment, except for insured benefit plans and pensions, for all administrative staff members who are not members of bargaining units under the Colleges Collective Bargaining Act until the Minister accepts in writing a recommendation from a college board of governors that it establish the terms and conditions of employment for members of its own administrative staff who are not members of bargaining units under the Colleges Collective Bargaining Act.

(5) Despite a written acceptance from the Minister under subsection (4), a college shall not negotiate in respect of insured benefits and pensions.

(6) Any terms and conditions of employment for administrative staff members of colleges who are not members of bargaining units under the Colleges Collective Bargaining Act established by the Council of Regents immediately before the day this Regulation comes into force shall continue and shall bind the college that employs such staff until the Council or the college, as the case may be, establishes new terms and conditions of employment for such staff.

(7) Despite subsection (3), the members of the Council of Regents immediately before the day this Regulation comes into force shall be deemed to be the members of the Council on the same terms and subject to the same conditions as their appointments to the Council of Regents.

Insured Benefits and College Pensions

College of Applied Arts and Technology Pension Plan

14. (1) All colleges shall participate in the College of Applied Arts and Technology Pension Plan established pursuant to the Sponsorship and Trust Agreement signed between December 19, 1994 and January 3, 1995 between the colleges and the Ontario Public Service Employees Union.

(2) The Council shall be deemed to be the policy holder for any insured benefit plans for college staff members for which the Council of Regents was the policy holder immediately before the day this Regulation came into force.

(3) All colleges shall participate in the insured benefits plans for college staff members for which the Council is the deemed policy holder under subsection (2) or which are established by the Council under clause 13 (2) (d).

Minister’s Intervention

Minister’s intervention

15. (1) Where the Minister is of the opinion that an intervention into the affairs of a college under section 5 of the Act is necessary, the Minister may,

(a) appoint a person to investigate the activities of the college and to advise the Minister whether, in his or her opinion, the appointment of an administrator is in the public interest and is needed to ensure that the college continues to provide service in accordance with applicable Acts and the regulations made under them and policy directives;

(b) issue such policy directives under section 4 of the Act as the Minister considers advisable and require the board of governors to comply with the directives within a specified period of time;

(c) remove some or all board members appointed under subsection 4 (2) temporarily or permanently; and

(d) appoint a person to temporarily administer the business and affairs of the college, subject to such conditions and restrictions as the Minister may impose upon the administrator.

(2) If a college is subject to an investigation under clause (1) (a) or to administration under clause (1) (d), the investigator or administrator shall have access at all times to the records of the college including, but not limited to, the by-laws, minute books, books of account, vouchers and other records relating to the college’s financial transactions.

(3) An investigator appointed under clause (1) (a) or an administrator appointed under clause (1) (d) may inspect the records of the college and may copy the records.

(4) Subject to any conditions or restrictions that the Minister may have imposed, the administrator has all of the powers of the board of governors of the college and may exercise them for the purpose of managing the business and affairs of the college, ensuring that the college carries out its objects and performing such other duties as may be specified by the Minister.

(5) The board of governors of the college cannot exercise any of its powers, except powers that are explicitly reserved to it through conditions or restrictions imposed by the Minister on the administrator, while the administrator holds office.

(6) If a college is subject to administration under clause (1) (d), the actions taken by the administrator to manage the business and affairs of the college shall be deemed to have been done by and for the college and in its name.

(7) The Minister may terminate the administrator’s appointment when the Minister is satisfied that the appointment is no longer in the public interest or as the Minister otherwise considers appropriate.

(8)  The administrator shall report to the Minister as required by the Minister.

(9)  The Minister may issue directions to the administrator with regard to any matter within the jurisdiction of the administrator and the administrator shall carry out the directions.

(10) The Minister has exclusive jurisdiction over all matters arising under this section or out of the exercise by any person of the powers conferred under this section and the Minister’s actions are determinative and are not subject to review by a court. 

(11) The Statutory Powers Procedure Act does not apply to anything done by the Minister or by an administrator under this section.

(12) No proceeding shall be commenced against the Crown or the Minister with respect to the appointment of an administrator or investigator under this section.

Immunity from liability

16.  (1)  No action or other proceeding for damages or otherwise shall be instituted against an administrator or investigator appointed under section 15 for any act done in good faith in the execution or intended execution of any duty or authority under this Regulation or for any alleged neglect or default in execution in good faith of any such duty or authority. 

(2)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an administrator or investigator to which the Crown would otherwise be subject and the Crown is liable under that Act for any such tort in the same manner as if subsection (1) had not been enacted.

Commencement

Commencement

17. This Regulation comes into force on the day section 8 of the Ontario Colleges of Applied Arts and Technology Act, 2002 is proclaimed in force.

 

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