Tuition and Fees Regulation

(Consolidated up to 157/2022) ALBERTA REGULATION 228/2018 Post‑secondary Learning Act TUITION AND FEES REGULATION Table of Contents 1 Definitions 2 Calculation of change in Alberta CPI 3 Calculation of average tuition fees 4 Additional fee cap 5 Exceptional tuition fee increase to improve program quality 5.1 Exceptional tuition fee increase with consent of board and students’ council 5.2 Restriction on frequency of exceptional tuition fee increases 7 Mandatory non‑instructional fees 8 Consultations 9 Publication of fees and fee policies 10 International student tuition fees 11.1 Tuition fee increases for the 2020‑2021, 2021‑2022 and 2022‑2023 academic years 11.2 Transitional — calculating average tuition fees for the 2022-2023 academic year 11.3 Transitional — fee cap for apprenticeship education programs for 2022-2023 academic year 13 Repeal 14 Coming into force Definitions 1 (1) In this Regulation, (a) “academic year” means the academic year of the institution, as set or confirmed by notice in writing given by the Minister to the institution; (b) “Act” means the Post‑secondary Learning Act ; (c) repealed AR 248/2021 s2; (c.1) “apprenticeship education program” means an apprenticeship education program as defined in the Skilled Trades and Apprenticeship Education Act ; (d) “approved program” means a program approved by the Minister under the Programs of Study Regulation (AR 91/2009) or for the purposes of section 1(1)(m) of the Student Financial Assistance Act ; (e) “distance delivery program” means an approved program in which (i) all or most of the courses are delivered away from any permanent campus of the institution, and (ii) the individuals taking the courses are not in direct, in‑person contact with each other or with the instructor on a regular basis for all or most of the courses; (f) and (g) repealed AR 190/2019 s2; (h) “institution” means a public post‑secondary institution, other than Banff Centre; (i) “international student” means a student other than a domestic student; (j) “off‑campus cost recovery instruction program” means an approved program for which (i) instruction is wholly or predominantly delivered outside Alberta and away from any permanent campus of the institution, and (ii) no funding is provided by the Department of the Government administered by the Minister; (k) “student exchange program” means an approved program in which 2 institutions establish a reciprocal agreement that allows a student to pay tuition fees at the student’s home institution outside of Canada and to register and study at the host institution in Alberta, with credit transferred back to the home institution; (l) “third party contract” means a contract between a third party and a board for the delivery of a program to the clients of the third party with the third party funding the cost for the delivery of the program to its clients. (2) In the Act and this Regulation, (a)‑(d) repealed AR 248/2021 s2; (e) “exceptional tuition fee increase” means an increase to tuition fees that is ordered by the Minister under section 5 or 5.1; (f) “mandatory non‑instructional fees” means fees to be paid by a student to an institution in respect of specific goods or services that are required for the student to complete an approved program or apprenticeship education program, and that are (i) not tuition fees as defined in clause (h), and (ii) not membership fees for a student organization; (g) “students’ council” means, except as provided otherwise by section 5(1), the council of a student organization; (h) “tuition fees” means (i) fees identified in the institution’s calendar or in a supplement to its calendar as tuition fees, (ii) fees for instruction for courses that are part of approved programs, (iii) fees for classroom instruction for an apprenticeship education program, or (iv) fees to be paid by a student to the institution for materials and services that facilitate instruction for courses referred to in subclause (ii) or that facilitate classroom instruction referred to in subclause (iii), other than (v) fees for courses taken as part of a distance delivery program by individuals who do not reside in Alberta, (vi) fees for off‑campus cost recovery instruction programs, (vii) fees for courses provided under a third party contract, (viii) fees for equipment or materials that are retained or leased by the student, or (ix) fees charged in respect of work placements or practicum experience where the persons or unincorporated bodies providing the work placement or practicum experience do not receive funding from the Government of Alberta in respect of it. AR 228/2018 s1;190/2019;248/2021;157/2022 Calculation of change in Alberta CPI 2 For the purposes of sections 61(3)(a) and 61.01(3)(a) of the Act, the percentage annual change in the Alberta CPI is the percentage determined by the formula: X% = (A ‑ B) x 100 B where X% is the percentage annual change in the Alberta CPI; A is the sum of the 12 individual monthly Alberta CPI indexes for the 12‑month period ending on June 30 of the calendar year that ended before the commencement of the academic year for which the fee increase is being calculated; B is the sum of the 12 individual monthly Alberta CPI indexes for the 12‑month period immediately preceding the 12‑month period referred to in A. Calculation of average tuition fees 3 The Minister may establish the manner in which institutions shall calculate average tuition fees per student for the purpose of section 61(3)(a) of the Act. Additional fee cap 4 (1) A board shall not increase, under section 61(3)(a) of the Act, the tuition fees to be paid by domestic students in respect of an approved program or apprenticeship education program by more than 10% of the amount of the tuition fees that were to be paid in respect of the approved program or apprenticeship education program in the last academic year in which the approved program or apprenticeship education program was offered. (2) Repealed AR 248/2021 s3. AR 228/2018 s4;190/2019;248/2021;157/2022 Exceptional tuition fee increase to improve program quality 5 (1) In this section and section 5.1, “students’ council” means the council of a student organization that represents the students enrolled in the approved program or apprenticeship education program for which an exceptional tuition fee increase is being sought. (2) A board may, after consulting with the students’ council, submit an application in writing requesting that the Minister approve an increase to tuition fees to be paid by domestic students in respect of an approved program or apprenticeship education program. (3) Subject to section 5.2, where the Minister receives an application under subsection (2) and the Minister is satisfied that a tuition fee increase is necessary or desirable for the purpose of improving the quality of the approved program or apprenticeship education program, the Minister may, by order, (a) approve an increase to tuition fees to be paid by domestic students in respect of the approved program or apprenticeship education program in the amount that the Minister considers appropriate, (b) specify to which students the increase applies, which must not include the students who are enrolled in the approved program or apprenticeship education program for the academic year in which the Minister approves the increase, and (c) specify any other terms and conditions applicable to the increase that the Minister considers appropriate. (4) The order must specify the date on which it takes effect. AR 228/2018 s5;190/2019;248/2021;157/2022 Exceptional tuition fee increase with consent of board and students’ council 5.1 (1) A board and a students’ council may jointly submit an application in writing requesting that the Minister approve an increase to tuition fees to be paid by domestic students in respect of an approved program or apprenticeship education program. (2) Subject to subsection (4) and section 5.2, where the Minister receives an application under subsection (1), the Minister may, by order, (a) approve an increase to tuition fees to be paid by domestic students in respect of the approved program or apprenticeship education program training in the amount that the Minister considers appropriate, (b) specify to which students the increase applies, and (c) specify any other terms and conditions applicable to the increase that the Minister considers appropriate. (3) The order must specify the date on which it takes effect. (4) Before making an order under subsection (2), the Minister shall obtain written consent to its content from the board and students’ council that made the joint application. AR 248/2021 s4;157/2022 Restriction on frequency of exceptional tuition fee increases 5.2 (1) In this section, “former regulation” means this Regulation as it read before the coming into force of section 1(8) of the Advanced Education Statutes Amendment Act, 2021 . (2) No application or order for an exceptional tuition fee increase may be made under section 5 or 5.1 in respect of an approved program or apprenticeship education program unless at least 5 years have elapsed since any previous increase in tuition fees in respect of the approved program or apprenticeship education program was ordered under section 5 or 5.1 or any section of the former regulation. AR 248/2021 s4;157/2022 6 Repealed AR 248/2021 s5. Mandatory non‑instructional fees 7 (1) A board shall set a mandatory non‑instructional fee only in respect of specific goods or services, and if a mandatory non‑instructional fee is set in respect of a group of specific goods and services, the goods and services must be related. (2) Repealed AR 190/2019 s4. AR 228/2018 s7;190/2019 Consultations 8 (1) A board shall (a) provide in each academic year to each of the institution’s students’ councils (i) a statement of anticipated increases to tuition fees and mandatory non‑instructional fees for a 4‑year period, and (ii) all necessary information to compare the revenue from mandatory non‑instructional fees to the costs of the specific goods and services in respect of which each mandatory non-instructional fee is set, and (b) establish a mechanism with each of the institution’s students’ councils for holding consultations to discuss increases to tuition fees and mandatory non‑instructional fees to allow for ongoing input by each students’ council to the budget process relative to the determination of those fees. (2) The consultation mechanism referred to in subsection (1)(b) must (a) include an outline of the process for communications and the holding of consultations, and (b) provide for at least 2 meetings per year. Publication of fees and fee policies 9 A board shall publish annually, in the institution’s calendar or in a supplement to its calendar, (a) the tuition fees set by the board, (b) the mandatory non‑instructional fees set by the board, and (c) the fee policies set by the board. AR 228/2018 s9;248/2021 International student tuition fees 10 (1) This section applies in respect of the 2020‑2021 academic year and subsequent academic years. (2) When an institution makes an offer of admission to an international student, the institution shall inform the international student, in accordance with the guidelines set by the Minister, of the maximum amount of the tuition fees that the international student may be required to pay for each academic year of the approved program in which the international student is enrolled based on the standard length of the approved program. (3) The tuition fees to be paid by an international student in respect of an approved program must not be set at or increased to an amount that is more than the maximum amount of the tuition fees referred to in subsection (2) while the international student continues to be enrolled in the approved program and the duration of the standard length of that approved program has not elapsed. (4) This section does not apply in respect of fees to be paid by an international student attending an institution as part of a student exchange program. AR 228/2018 s10;190/2019 11 Repealed AR 248/2021 s7. Tuition fee increases for the 2020-2021, 2021-2022 and 2022-2023 academic years 11.1 In setting the tuition fees for the 2020-2021, 2021-2022 and 2022-2023 academic years, a board may increase the tuition fees to be paid by domestic students if the average tuition fee increase per domestic student does not exceed the product of the average tuition fees per domestic student in the preceding academic year multiplied by 7%. AR 190/2019 s5 Transitional — calculating average tuition fees for the 2022-2023 academic year 11.2 (1) In this section and section 11.3, (a) “apprenticeship instructional fees” means fees to be paid by a student to an institution in respect of instruction in apprenticeship technical training; (b) “apprenticeship material and service fees” means mandatory fees to be paid by a student to an institution for materials and services that facilitate instruction in apprenticeship technical training, but does not include fees for equipment or materials that are retained or leased by the student; (c) “former Act” means the Post-secondary Learning Act as it read before the coming into force of section 1(8) of the Advanced Education Statutes Amendment Act, 2021 . (2) In calculating the average tuition fees per domestic student in the preceding academic year under section 11.1 for the purposes of setting the tuition fees for the 2022-2023 academic year, any apprenticeship instructional fees and any apprenticeship material and service fees that were required to be paid under section 61.01 of the former Act in respect of apprenticeship technical training in the preceding academic year must be included in the calculation as if they were tuition fees. AR 248/2021 s8 Transitional — fee cap for apprenticeship education programs for 2022‑2023 academic year 11.3 A board shall not increase the tuition fees to be paid by domestic students in respect of an apprenticeship education program for the 2022‑2023 academic year by more than 10% of the total of the apprenticeship instructional fees and apprenticeship material and service fees, if any, that were required to be paid under the former Act in respect of the apprenticeship technical training in the last academic year in which the apprenticeship technical training was offered. AR 248/2021 s8;157/2022 12 Repealed AR 190/2019 s6. Repeal 13 The Public Post‑secondary Institutions’ Tuition Fees Regulation (AR 273/2006) is repealed. Coming into force 14 This Regulation comes into force on February 1, 2019.