Maritime Provinces Higher Education Commission Act

c t MARITIME PROVINCES HIGHER EDUCATION COMMISSION ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 13, 2021. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Maritime Provinces Higher Education Commission Act Table of Contents c MARITIME PROVINCES HIGHER EDUCATION COMMISSION ACT Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 COMMISSION 5 2. Commission ............................................................................................................................................. 5 3. Membership ............................................................................................................................................. 6 4. Nominating committee and filling of vacancies....................................................................................... 6 5. Filling of other vacancies ......................................................................................................................... 7 6. Effect of vacancy ..................................................................................................................................... 7 7. Term of office .......................................................................................................................................... 7 8. Remuneration of members ....................................................................................................................... 7 9. Chair ......................................................................................................................................................... 7 10. Chief Executive Officer ........................................................................................................................... 8 11. Services to students .................................................................................................................................. 8 12. Powers ...................................................................................................................................................... 9 13. Confidentiality ....................................................................................................................................... 10 14. Meetings ................................................................................................................................................. 10 15. Quorum .................................................................................................................................................. 10 16. Accountability ........................................................................................................................................ 10 17. Funding policies ..................................................................................................................................... 10 18. Fiscal year .............................................................................................................................................. 10 19. Immunity ................................................................................................................................................ 11 20. Regulations ............................................................................................................................................ 11 21. Repeal .................................................................................................................................................... 11 CONSEQUENTIAL AMENDMENTS 11 22. Consequential Amendments................................................................................................................... 11 c t Current to: May 13, 2021 Page 3 COMMISSION Maritime Provinces Higher Education Commission Act Section 1 c MARITIME PROVINCES HIGHER EDUCATION COMMISSION ACT CHAPTER M-2.01 1. Definitions In this Act (a) “Chair” means the Chair of the Commission appointed under subsection 9(2); (b) “Chief Executive Officer” means the Chief Executive Officer of the Commission appointed under subsection 10(1); (c) “Commission” means the Maritime Provinces Higher Education Commission continued under section 2; (d) “Council” means the Council of Maritime Premiers established pursuant to the Council of Maritime Premiers Act R.S.P.E.I. 1988, Cap. C-27; (e) “institutions” means the post-secondary educational institutions prescribed by regulation for the purposes of this definition; (f) “Ministers” means the Ministers responsible for post-secondary education in the Provinces; (g) “post-secondary education” means the education and training provided in or by institutions and “higher education” has corresponding meaning; (h) “Provinces” means the Provinces of New Brunswick, Nova Scotia and Prince Edward Island; (i) “region” means the area composed of the Provinces of New Brunswick, Nova Scotia and Prince Edward Island; (j) “student” means an individual registered as a student in an institution; (k) “universities” means the post-secondary educational institutions prescribed by regulation for the purposes of this definition. 2002,c.34,s.1 COMMISSION 2. Commission (1) The body established by the Council and known as the “Maritime Provinces Higher Education Commission” is continued. Composition (2) The Commission shall consist of (a) 20 members appointed by the Ministers, as set out in section 3; and (b) the Chief Executive Officer. 2002,c.34,s.2 c t Current to: May 13, 2021 Page 5 COMMISSION Section 3 Maritime Provinces Higher Education Commission Act 3. Membership (1) The Ministers shall, for the purpose of clause 2(2)(a), appoint members as follows: (a) at least six from among the persons nominated under section 4; (b) at least six from among senior public officials and the executive heads of non- university institutions; and (c) at least six from the public at large, of which at least two shall be students. Provincial representation (2) At least one of the members appointed under clauses (1)(a), (b) and (c) shall be selected from each of the Provinces. Restriction on appointment (3) No two persons appointed under clause (1)(a) may be selected from the same university. Deemed appointment (4) The members of the Commission who held office immediately before the commencement of this subsection, other than the Chief Executive Officer, shall be deemed to have been appointed under subsection (1). 2002,c.34,s.3 4. Nominating committee and filling of vacancies (1) There shall be a nominating committee consisting of (a) the executive heads of the universities; and (b) one representative appointed by the Senate or equivalent academic body of each university, which committee shall nominate persons for appointment under clause 3(1)(a) and subsections (2) and (3). Vacancy (2) Where a vacancy occurs among members appointed under clause 3(1)(a), the nominating committee shall submit to the Minister of the province from which the member to be replaced was appointed the names of two persons selected from that Minister’s province, and that Minister shall, subject to section 3, appoint one of such persons to fill the vacancy for the balance of the term of the member replaced. Submission of names (3) At least 60 days before the expiration of the term of a member appointed under clause 3(1)(a), or under subsection (2), the nominating committee shall submit to the Minister of the province from which the member to be replaced was appointed the names of two persons from that Minister’s province, and that Minister shall, subject to section 3, appoint one of such persons to take office on the expiration of such term. Appointment (4) The members of the nominating committee who held office immediately before the commencement of this subsection and who were appointed by the Senate or equivalent academic body of each university shall be deemed to have been appointed under clause (1)(b). 2002,c.34,s.4 Page 6 Current to: May 13, 2021 t c COMMISSION Maritime Provinces Higher Education Commission Act Section 5 5. Filling of other vacancies Where a vacancy occurs among the members appointed under clause 3(1)(b) or (c) the Minister of the province from which the member to be replaced was appointed may, subject to section 3, appoint a person to fill the vacancy (a) for the balance of an unexpired term of the member replaced; or (b) for a new term where the vacancy resulted from expiration of a term. 2002,c.34,s.5 6. Effect of vacancy A vacancy in the membership of the Commission shall not impair the right of the remaining members to act as long as at least 11 members, excluding the Chief Executive Officer, but including at least three members drawn from each of the Provinces, hold office. 2002,c.34,s.6 7. Term of office (1) Subject to subsection 4(2) and clause 5(a), a member of the Commission referred to in clause 2(2)(a) shall hold office for three years from the date of appointment, or such lesser period as may be specified in the appointment. Continuation (2) Notwithstanding subsection (1), a member of the Commission referred to in clause 2(2)(a) remains in office until the member resigns or is reappointed or replaced. Idem (3) On the expiration of the member’s term of office, a member of the Commission referred to in clause 2(2)(a) is eligible for reappointment to the Commission. 2002,c.34,s.7 8. Remuneration of members Members of the Commission shall be paid such remuneration as may, with the approval of the Ministers, be determined by the Commission, and such actual and reasonable expenses as are incurred by them in the discharge of their duties. 2002,c.34,s.8 9. Chair (1) The position of Chair shall rotate, in turn, among the Provinces in the following order: Province of New Brunswick; Province of Prince Edward Island; Province of Nova Scotia. Order of succession (2) In the order of the Provinces set out in subsection (1), each of the Ministers shall appoint, in turn, from among the members of the Commission selected from the Minister’s province, a Chair of the Commission. Term of office (3) The Chair shall hold office as Chair for a term of two years, or until the expiry of his or her office as a member of the Commission, whichever occurs first. Continuation (4) Notwithstanding subsection (3), the Chair remains in office as Chair until the Chair resigns or is replaced. c t Current to: May 13, 2021 Page 7 COMMISSION Section 10 Maritime Provinces Higher Education Commission Act Appointment (5) The Chair of the Commission immediately before the commencement of this subsection shall be deemed to have been appointed under subsection (2). 2002,c.34,s.9 10. Chief Executive Officer (1) The Ministers, on recommendation of the Commission, shall appoint a Chief Executive Officer of the Commission. Powers (2) The Chief Executive Officer is, subject to the direction of the Commission, charged with the general direction, supervision and control of the business of the Commission and may exercise such other powers as may be conferred on the Chief Executive Officer by the Commission. Full-time position (3) The Chief Executive Officer shall serve as a full-time employee of the Commission. Non-voting member (4) The Chief Executive Officer is an ex officio non-voting member of the Commission. Appointment (5) The Chief Executive Officer of the Commission immediately before the commencement of this subsection shall be deemed to have been appointed under subsection (1). 2002,c.34,s.10 11. Services to students (1) The Commission shall, in carrying out its duties, give first consideration to improving and maintaining the best possible service to students as lifelong learners by (a) taking measures intended to ensure that programs of study are of optimum length and best quality; (b) stressing prior learning assessment and recognition, and credit transfer, to implement the principle that duplication of effort is not required in order to gain credit for learning which has been successfully accomplished; (c) promoting smooth transitions between learning and work; (d) promoting equitable and adequate access to learning opportunities, including making those opportunities available at times and places convenient to the student; and (e) taking measures intended to ensure teaching quality. Duties (2) The Commission’s principal duties are (a) to undertake measures intended to ensure continuous improvement in the quality of academic programs and of teaching at institutions, which without limiting the generality of the foregoing may include the review of institutional programs and practices for assuring such improvement and making recommendations to institutions and the Provinces; (b) to ensure that data and information is collected, maintained and made available for assuring the public accountability of institutions, and to assist institutions and the Provinces in their work, which without limiting the generality of the foregoing may include Page 8 Current to: May 13, 2021 t c COMMISSION Maritime Provinces Higher Education Commission Act Section 12 (i) establishing data and system standards, (ii) establishing public reporting requirements and producing public reports, and (iii) carrying out studies in regard to public policy, institutional concerns and issues related to post-secondary education, and providing advice to institutions and the Provinces on these matters; (c) to take initiatives to stimulate action among institutions and the Provinces where such action is likely to improve the efficiency and effectiveness of the post-secondary education system in the Provinces, which without limiting the generality of the foregoing may include (i) encouraging initiatives for institutions to offer joint, complementary and regional programs, and (ii) encouraging administrative, financial and common service arrangements which reduce the overhead cost of programs and the overall cost to students and the Provinces; (d) to continue to develop and administer funding transfers among the Provinces for regional programs, which without limiting the generality of the foregoing may include developing and administering funding arrangements for programs outside the region, as required to provide additional educational opportunities for students from the region; and (e) to undertake such other duties as the Ministers may assign. Services and functions (3) The Commission may (a) provide such services and functions, as may be agreed upon by the Ministers, to one or more institutions or to one or more of the Provinces; (b) provide such advice and services, as may be agreed upon by Ministers, to one or more of the Provinces to determine their post-secondary education funding policy; and (c) recommend to the Ministers the names of post-secondary educational institutions that may be added to or deleted from those prescribed by regulation for the purpose of the definitions “institutions” and “universities” in section 1. 2002,c.34,s.11 12. Powers (1) The Commission has such powers as are necessary for, and ancillary to, the proper performance of its duties, including but not limited to the powers (a) to engage staff; (b) to establish advisory committees; (c) to enter into contracts where and to the extent that funds have been made available for such purpose; and (d) to require the timely provision of data and information from institutions. Bylaws (2) Subject to this Act, the Commission may make bylaws respecting its internal organization and the conduct of its business, and may include in such bylaws provision for the election or designation of a Vice-Chair of the Commission to act in the absence or disability of the Chair or when the office of Chair is vacant. c t Current to: May 13, 2021 Page 9 COMMISSION Section 13 Maritime Provinces Higher Education Commission Act Bylaw not regulation (3) A bylaw made under subsection (2) is not a regulation as defined in the Interpretation Act R.S.P.E.I. 1988, Cap. I-8.1. 2002,c.34,s.12; 2021,c.10,s.55. 13. Confidentiality (1) All data received by the Commission from institutions or any other source is confidential and shall not be disclosed except as provided in this section. Disclosure (2) Subject to subsection (3), the Commission may disclose, in aggregate form, data received by the Commission from institutions or any other source. Edit of information (3) For the purposes of ensuring the protection of personal information, the Commission shall, before disclosing data received by the Commission from institutions or any other source, remove any portion that would reveal personal information concerning any person. 2002,c.34,s.13 14. Meetings The Commission shall meet at least four times each year at the call of the Chair. 2002,c.34,s.14 15. Quorum Subject to section 6, a majority of the members holding office, excluding the Chief Executive Officer, shall constitute a quorum for the purpose of conducting a meeting provided that at least two members appointed from each of the Provinces are present at such meetings. 2002,c.34,s.15 16. Accountability The Commission is accountable to the Ministers. 2002,c.34,s.16 17. Funding policies (1) The determination of public funding levels for institutions is the sole responsibility of the Provinces. Advice to Ministers (2) The Commission shall, when requested to do so by the Ministers, provide advice or services to the Ministers for determining post-secondary education funding policies and allocations. 2002,c.34,s.17 18. Fiscal year (1) The fiscal year of the Commission shall commence on April 1 each year and end on March 31 in the year next following. Auditing procedure (2) The accounts of the Commission shall be audited in accordance with the procedure adopted for auditing the accounts of the Council. Page 10 Current to: May 13, 2021 t c CONSEQUENTIAL AMENDMENTS Maritime Provinces Higher Education Commission Act Section 19 Annual report (3) The Commission shall, within six months after the end of each fiscal year, submit to the Ministers and the Council a report containing (a) a review of the Commission’s activities during such fiscal year; (b) statements and recommendations regarding such matters in the field of post- secondary education in the region as the Commission considers advisable; and (c) the audited financial statements of the Commission for such fiscal year. Report tabled in Legislature (4) The annual report of the Commission shall be tabled in the Legislature as soon as is practicable after its receipt by the Ministers. 2002,c.34,s.18 19. Immunity No action or other proceeding lies against the Province, the Commission or any member or employee of the Commission, for any act done in good faith in the execution or intended execution of any duty or power under this Act or for any alleged neglect or default in the execution in good faith of any such duty or power. 2002,c.34,s.19 20. Regulations The Lieutenant Governor in Council may make regulations (a) prescribing post-secondary educational institutions for the purposes of the definition “institutions” in section 1; and (b) prescribing post-secondary educational institutions for the purposes of the definition “universities” in section 1. 2002,c.34,s.20 21. Repeal The Maritime Provinces Higher Education Commission Act R.S.P.E.I. 1988, Cap. M-2 is repealed. 2002,c.34,s.21 CONSEQUENTIAL AMENDMENTS 22. Consequential Amendments This section made consequential amendments to another Act. The amendments have been incorporated into that Act. 2002,c.34,s.22 c t Current to: May 13, 2021 Page 11