Higher Education Quality Council of Ontario Act, 2005

S.O. 2005, CHAPTER 28
Schedule G

Consolidation Period: From May 7, 2026 to the e-Laws currency date.

Note: This Act is repealed on a day to be named by order of the Lieutenant Governor in Council. (See: 2026, c. 4, Sched. 3, s. 8)

Last amendment: 2026, c. 4, Sched. 3.

Legislative History: 2017, c. 20, Sched. 8, s. 86; 2017, c. 34, Sched. 46, s. 19; 2019, c. 7, Sched. 17, s. 86; 2019, c. 15, Sched. 17; 2026, c. 4, Sched. 3.

CONTENTS

 

Definitions

1 In this Act,

“Council” means the Higher Education Quality Council of Ontario established under section 2; (“Conseil”)

“Minister” means the Minister of Advanced Education and Skills Development or the minister of the Crown to whom the powers and duties under this Act are assigned or transferred under the Executive Council Act; (“ministre”)

“post-secondary educational institution” means a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, a university that receives regular and ongoing operating funding from the province for purposes of post-secondary education and any other institution prescribed by regulation; (“établissement d’enseignement postsecondaire”)

“post-secondary education sector” includes all post-secondary educational institutions in Ontario. (“secteur postsecondaire”)  2005, c. 28, Sched. G, s. 1; 2017, c. 34, Sched. 46, s. 19 (1).

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 19 (1) - 01/01/2018

Council

2 (1) A corporation without share capital is established under the name Higher Education Quality Council of Ontario in English and Conseil ontarien de la qualité de l’enseignement supérieur in French.  2005, c. 28, Sched. G, s. 2 (1).

Members

(2) The Council shall consist of the members of its board of directors.  2005, c. 28, Sched. G, s. 2 (2).

Appointment of members

(3) The Council’s board of directors shall consist of not fewer than one and not more than seven members all of whom shall be appointed by the Minister. 2026, c. 4, Sched. 3, s. 1 (1).

Deemed appointment

(3.1) A person who was a member of the board immediately before the day subsection 1 (1) of Schedule 3 to the Putting Student Achievement First Act, 2026 came into force is deemed to have been appointed by the Minister. 2026, c. 4, Sched. 3, s. 1 (1).

Chair

(4) The Minister shall designate one member to be the chair of the Council.  2005, c. 28, Sched. G, s. 2 (4).

Ministry representative

(5) The board of directors may include one or more employees of the Government of Ontario. 2026, c. 4, Sched. 3, s. 1 (2).

(6) Repealed: 2026, c. 4, Sched. 3, s. 1 (2).

Management of board

(7) The affairs of the corporation shall be managed by the Council’s board of directors.  2005, c. 28, Sched. G, s. 2 (7).

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 19 (2) - 01/01/2018

2026, c. 4, Sched. 3, s. 1 (1, 2) - 07/05/2026

3 Repealed: 2026, c. 4, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 17, s. 86 - 01/07/2019

2026, c. 4, Sched. 3, s. 2 - 07/05/2026

Crown agency

4 The corporation is a Crown agency within the meaning of the Crown Agency Act.  2005, c. 28, Sched. G, s. 4.

Object

5 The object of the Council is to assist the Minister in improving all aspects of the post-secondary education sector, including improving the quality of education provided in the sector, access to post-secondary education and accountability of post-secondary educational institutions.  2005, c. 28, Sched. G, s. 5.

Functions

6 The functions of the Council are,

(a)  to develop and make recommendations to the Minister,

(i)  on targets to be achieved in improving the quality of post-secondary education, on the methods of achieving those targets and on the time frame for doing so, and

(ii)  on performance measures to be used to evaluate the post-secondary education sector;

(b)  to evaluate the post-secondary education sector, report to the Minister on the results of the evaluation and make the report available to the public;

(b.1)  to evaluate anything else specified by the Minister, including programs and services provided by the Ministry or other programs and services related to post-secondary education that are provided or funded by the Government of Ontario, in whole or in part, and to report to the Minister on the results of the evaluation;

(c)  to conduct research on all aspects of post-secondary education with a view to helping the Council achieve its object, including research,

(i)  on the development and design of various models of post-secondary education,

(ii)  on the means of encouraging collaboration between various post-secondary educational institutions in general and in particular in matters relating to the recognition by such institutions of courses and programs of study provided at other such institutions, and

(iii)  on other matters specified by the Minister; and

(d)  to do such other things as may be prescribed by regulation.  2005, c. 28, Sched. G, s. 6; 2019, c. 15, Sched. 17, s. 1.

Section Amendments with date in force (d/m/y)

2019, c. 15, Sched. 17, s. 1 - 10/12/2019

Access to information

7 A post-secondary educational institution shall provide the Council or a person designated by the Council with access to any information in its custody or control that the Council or person may require for the purpose of carrying out its object and functions.  2005, c. 28, Sched. G, s. 7.

Winding up

7.1 (1) The Council’s board shall prepare and adopt a plan, in accordance with any directives issued under this section, for winding up the Council and transferring its assets, liabilities, rights and obligations to the Crown in right of Ontario or to an agency of the Crown. 2026, c. 4, Sched. 3, s. 3.

Minister’s directives

(2) The minister may issue written directives to the Council’s board setting out,

(a)  matters the Council’s board is required to address in the plan before it is adopted;

(b)  processes the Council’s board must follow in preparing and adopting the plan;

(c)  specified amendments to the plan once adopted; and

(d)  processes the Council must follow in implementing the plan. 2026, c. 4, Sched. 3, s. 3.

Board to amend plan

(3) If the Minister issues a directive under clause (2) (c), the Council’s board shall update the plan as required by the directive. 2026, c. 4, Sched. 3, s. 3.

Implementation

(4) The Council shall wind up the affairs of the Council, and transfer its assets, liabilities, rights and obligations, in accordance with,

(a)  the plan, or if amendments are made to the plan, the amended plan; and

(b)  any directives issued by the Minister under clause (2) (d). 2026, c. 4, Sched. 3, s. 3.

Power to transfer assets, etc.

(5) The following provisions apply for the purposes of implementing a plan adopted or amended under this section:

1.  The Council may transfer to the Crown in right of Ontario or to an agency of the Crown any of its assets, liabilities, rights and obligations, without consideration.

2.  If an agreement is the subject of a transfer under this section, it is deemed to be assignable by the Council without consent of any party to the agreement.

3.  The Council may enter into such other agreements, execute such documents and instruments, and do such other acts and things as the Council considers necessary or advisable to effect a transfer referred to in this section. 2026, c. 4, Sched. 3, s. 3.

Provisions regarding a transfer of assets, etc.

(6) The following provisions apply to transfers of assets, liabilities, rights and obligations of the Council that are made pursuant to a plan adopted or amended under this section:

1.  The transferred asset, liability, right or obligation of the Council continues as the asset, liability, right or obligation of the recipient of the transfer.

2.  A transfer of an asset, liability, right or obligation of the Council to the recipient of the transfer shall not constitute a change of control of the Council in respect of the asset, liability, right or obligation.

3.  A transfer is deemed not to,

i.  constitute a breach, termination, repudiation or frustration of any agreement,

ii.  constitute a breach of any Act, regulation or municipal by-law,

iii.  constitute an event of default or force majeure,

iv.  give rise to a breach, termination, repudiation or frustration of any licence, permit or other right,

v.  give rise to any right to terminate or repudiate an agreement, licence, permit or other right, or

vi.  give rise to any estoppel.

4.  Despite any other Act that requires notice or registration of a transfer, a transfer is binding on the recipient of the transfer and all other persons.

5.  A conviction against, or ruling, order or judgment in favour of or against the Council may be enforced by or against the recipient of the transferred conviction, ruling, order or judgment.

6.  The recipient of a transferred action is deemed to be the party plaintiff or the party defendant, as the case may be, in any civil action commenced by or against the Council before the date of the transfer. 2026, c. 4, Sched. 3, s. 3.

Notices

(7) The Council’s board shall provide such reports as the Minister may require from time to time and shall notify the Minister, in writing, as soon as possible after it has finished implementing the plan. 2026, c. 4, Sched. 3, s. 3.

Section Amendments with date in force (d/m/y)

2026, c. 4, Sched. 3, s. 3 - 07/05/2026

Annual report

8 (1) The Council shall prepare an annual report, provide it to the Minister no later than 120 days after the end of the Council’s fiscal year and make it available to the public. 2017, c. 34, Sched. 46, s. 19 (3).

Same

(2) The Council shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a)  the form and content of the annual report; and

(b)  when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 19 (3).

Same

(3) The Council shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 19 (3).

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 19 (3) - 01/01/2018

Tabling of annual report

8.1 The Minister shall table the Council’s annual report in the Assembly no later than 30 days after determining that the annual report meets the requirements of section 8 and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when and how to make that determination. 2017, c. 34, Sched. 46, s. 19 (3).

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 19 (3) - 01/01/2018

Final annual report

8.1.1 (1) The Minister shall prepare, and make available to the public, a final annual report of the Council for the period that begins immediately after the period covered by the last annual report made under section 8 and ends on the day the Council is dissolved. 2026, c. 4, Sched. 3, s. 4.

Tabling

(2) The Minister shall table the Council’s final annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2026, c. 4, Sched. 3, s. 4.

Section Amendments with date in force (d/m/y)

2026, c. 4, Sched. 3, s. 4 - 07/05/2026

Other reports

8.2 The Minister may require the Council to provide other reports. 2017, c. 34, Sched. 46, s. 19 (3).

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 19 (3) - 01/01/2018

Crown liability

No personal liability

8.3 (1) No cause of action arises against any current or former member of the Executive Council or employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2026, c. 4, Sched. 3, s. 5.

Crown remains vicariously liable

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). 2026, c. 4, Sched. 3, s. 5.

No liability for acts or omissions of others

(3) No cause of action arises against the Crown or any person specified in subsection (1) for an act or omission of a person other than the Crown or a person specified in that subsection, if the act or omission is related, directly or indirectly, to the exercise or performance, or intended exercise or performance, of a power, duty or function under this Act. 2026, c. 4, Sched. 3, s. 5.

Employment, etc. with the Council

(4) If a person who is an employee or agent of the Crown is employed in or assigned to or otherwise performs duties directly for the Council, the person is deemed to be an employee of the Council and not an employee or agent of the Crown specified in subsection (1) in relation to the person’s acts or omissions arising from the employment, assignment or performance for the purposes of this section and sections 8.4 and 8.5 as well as any claim for vicarious liability. 2026, c. 4, Sched. 3, s. 5.

Proceedings by Crown not prevented

(5) This section does not apply with respect to proceedings brought by the Crown. 2026, c. 4, Sched. 3, s. 5.

Section Amendments with date in force (d/m/y)

2026, c. 4, Sched. 3, s. 5 - 07/05/2026

Council liability

No personal liability

8.4 (1) No cause of action arises against any current or former member or employee of the Council for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2026, c. 4, Sched. 3, s. 5.

Council vicariously liable

(2) Subsection (1) does not relieve the Council of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). 2026, c. 4, Sched. 3, s. 5.

Proceedings by Crown not prevented

(3) This section does not apply with respect to proceedings brought by the Crown. 2026, c. 4, Sched. 3, s. 5.

Section Amendments with date in force (d/m/y)

2026, c. 4, Sched. 3, s. 5 - 07/05/2026

Proceedings barred

8.5 (1) No proceeding shall be commenced,

(a)  against any person specified in subsection 8.3 (1) in respect of a matter referred to in that subsection;

(b)  against the Crown or any person specified in subsection 8.3 (1) in respect of a matter referred to in subsection 8.3 (3); or

(c)  against any person specified in subsection 8.4 (1) in respect of a matter referred to in that subsection. 2026, c. 4, Sched. 3, s. 5.

Same

(2) Subsection (1) does not apply with respect to an application for judicial review or any proceeding that is specifically provided for under this Act, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages including loss of revenue or profit. 2026, c. 4, Sched. 3, s. 5.

Proceedings by Crown not prevented

(3) This section does not apply with respect to proceedings brought by the Crown. 2026, c. 4, Sched. 3, s. 5.

Section Amendments with date in force (d/m/y)

2026, c. 4, Sched. 3, s. 5 - 07/05/2026

Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2026, c. 4, Sched. 3, s. 6)

Dissolution

8.6 The Council is dissolved and all of its assets, liabilities, rights and obligations are transferred to and vested in the Crown in right of Ontario. 2026, c. 4, Sched. 3, s. 6.

Section Amendments with date in force (d/m/y)

2026, c. 4, Sched. 3, s. 6 - not in force

Regulations

9 (1) The Lieutenant Governor in Council may make regulations,

(a)  prescribing institutions as post-secondary educational institutions for the purposes of this Act;

(b)  governing the Council’s constitution, management and structure, including the number of members of the board;

(c)  prescribing objects of the Council in addition to the object described in section 5;

(d)  prescribing functions of the Council in addition to those set out in section 6;

(e)  respecting specific powers and duties of the Council and its members;

(f)  respecting factors to be considered in appointing members;

(g)  providing for the term of appointment and reappointment of Council members;

(h)  respecting compensation for Council members;

(i)  providing for a vice-chair of the Council;

(j)  Repealed: 2017, c. 34, Sched. 46, s. 19 (4).

(k)  respecting the frequency, nature and scope of reporting in addition to the yearly report required by section 8;

(l)  respecting staff for the Council, including the status of Council staff, and their compensation;

  (m)  respecting funding for the Council;

(n)  respecting audits of the statements and records of the Council;

(o)  providing whether or not the Business Corporations Act, the Corporations Information Act or the Not-for-Profit Corporations Act, 2010 or any provisions of those Acts apply to the Council;

(p)  governing the procedures and administration of the Council;

(q)  authorizing personal information to be collected by or on behalf of the Council other than directly from the individual to whom the information relates, and regulating the manner in which the information is collected;

(r)  providing for anything necessary or advisable to facilitate the carrying out of the functions of the Council;

(s)  respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for carrying out the purposes and provisions of this Act.  2005, c. 28, Sched. G, s. 9 (1); 2017, c. 20, Sched. 8, s. 86; 2017, c. 34, Sched. 46, s. 19 (4).

Same

(2) A regulation under this Act may be general or specific in its application, may create different categories or classes, and may make different provisions for different categories, classes or circumstances.  2005, c. 28, Sched. G, s. 9 (2).

Same

(3) A regulation authorized by clause (1) (m) may provide that the prescribed assets and revenues of the Council do not form part of the Consolidated Revenue Fund, despite Part I of the Financial Administration Act.  2005, c. 28, Sched. G, s. 9 (3).

Note: On a day to be named by order of the Lieutenant Governor in Council, section 9 of the Act is repealed. (See: 2026, c. 4, Sched. 3, s. 7)

Section Amendments with date in force (d/m/y)

2017, c. 20, Sched. 8, s. 86 - 19/10/2021; 2017, c. 34, Sched. 46, s. 19 (4) - 01/01/2018

2026, c. 4, Sched. 3, s. 7 - not in force

10 Omitted (provides for coming into force of provisions of this Act).  2005, c. 28, Sched. G, s. 10.

11 Omitted (enacts short title of this Act).  2005, c. 28, Sched. G, s. 11.