Post-secondary Education Act

Consolidated act
Citation
S.N.W.T. 2019, c.27
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites
Cited by
Contents
1. Definitions 2. Application 3. Role of Minister 4. Duties of Minister 5. Agreements 6. Delegation 7. One or more advisory committees may be 8. Minister may prescribe quality assurance body 9. Application for recognition 10. Prohibition: establish- ment or 11. Application for consent to establish or operate university 12. Application for authorization 13. University programs of study 14. Prohibition: degree granting 15. Application for authorization: degree granting 16. Minister may authorize with approval of Commissioner in Executive Council 17. Application for renewal 18. Decision final 19. Enforcement: authorization 20. Minister may authorize without making referral 21. Application for renewal 22. Decision final 23. Enforcement: authorization 24. Requirements for establishment 25. Application for consent to establish or operate college 26. College programs of study 27. Definitions 28. Application 28.1. Application for renewal 29. Annual report 30. Order of Minister 31. Enforcement: certificate of registration 32. Decision final 33. Request for cancellation 34. Definitions 35. Appointment of Director 36. Application 37. Annual report 38. Order of Director 39. Enforcement: certificate of registration 40. Right to request review 41. Request for cancellation 42. Tuition fees 43. Mandate 44. Requirement for quality assurance processes and evaluation 45. Additional institutions to provide annual report 46. Audit 47. Grants and contributions to public 48. Annual budgets 49. Strategic plan 50. Annual report 51. Review 52. Grants and contributions to other institutions 53. Operating budget and financial information 54. Definition: "personal information" 55. Request for information 56. Collection of personal information 57. Minister may direct assignment of identifier 58. Agreements 59. Definition: "record" 60. Inspectors 61. Inspection 62. Warrant to inspect private dwelling 63. Prohibitions: false 64. False or misleading statement, application 65. Offence and punishment 66. Regulations 67. Other regulations 68. Education Act 69. Coming into force
Regulations
Colleges, Degree Granting and Universities RegulationsPost-Secondary Education General RegulationsPrivate Training Institutions RegulationsPrivate Vocational Training Regulations

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

PART 1

INTERPRETATION AND

APPLICATION

Definitions

1.

(1) In this Act,

"Board" means the board of governors, board of regents or governing council of a post-secondary institution; (conseil)

"Committee" means a post-secondary education advisory committee established under section 7; (comité)

"degree" means a degree as described in subsection (2); (grade)

"Government" means the Government of the Northwest Territories; (gouvernement)

"Indigenous institution" means a person recognized as an Indigenous institution under section 9; (établissement d’enseignement autochtone)

"inspector" means an inspector appointed under subsection 60(1) or engaged under paragraph 35(2)(a); (inspecteur)

"post-secondary institution" means

(a) a public post-secondary institution,

(b) a private college,

(c) a university that does not receive regular and ongoing funding from the Government and is not a public agency,

(d) a private training institution,

(d.1) an Indigenous institution, or

(e) any other institution or class of institution prescribed by the Minister; (établissement d’enseignement postsecondaire)

"private college" means an institution, school or place, other than a university or public college, that

(a) provides a program of study, and

(b) is established under an Act of the Legislative Assembly; (collège privé)

"private training institution" means an institution, school or place in the Northwest Territories

(a) that provides a program of instruction as defined in section 27, by classroom instruction or distance education, and

(b) that has been issued a certificate of registration under section 28; (établissement de formation privé)

"program of study" means a group of courses that, on completion, leads to the granting of a degree, diploma or certificate; (programme d’études)

"public college" means an institution, school or place that

(a) provides a program of study,

(b) is established under an Act of the Legislative Assembly,

(c) receives regular and ongoing funding from the Government of the Northwest Territories, and

(d) is a public agency under the Financial Administration Act; (collège public)

"public post-secondary institution" means

(a) a university that receives regular and ongoing funding from the Government of the Northwest Territories and is a public agency under the Financial Administration Act, or

(b) a public college; (établissement d’enseignement postsecondaire public)

"quality assurance body" means

(a) a Committee established under section 7, or

(b) a body prescribed under section 8. (organisme d’assurance de la qualité)

Meaning: "degree"

(2) For the purposes of this Act, a degree means one or both of the following:

(a) a document of academic achievement granted or conferred by an educational institution that includes terms or nomenclature or any derivation of them that, regardless of the specific academic or professional discipline in which it is awarded, would be reasonably understood as an undergraduate or graduate degree, including, but not limited to, a document including the terms bachelor, bachelor’s baccalaureate, master, master’s, doctor, doctoral, doctorate, B.A., B.Comm., B.Sc., B.Ed., M.A., M.B.A., M.Sc., Med.D. or Ph.D.;

(b) a diploma, certificate, document or other thing that implies or would be reasonably understood as the granting or conferring of a degree, including, without limiting the foregoing, a diploma, certificate, document or other thing that includes a reference to bachelor, bachelor’s baccalaureate, master, master’s, doctor, doctoral or doctorate.

SNWT 2022,c.5,s.2.

Application

2.

(1) This Act applies to a person that

(a) has a physical presence in the Northwest Territories; or

(b) provides distance education to Northwest Territories residents and, in the Minister’s opinion, it is not reasonably evident that the program is provided by an institution outside the Northwest Territories.

Evidence of physical presence

(2) For the purposes of subsection (1), evidence of physical presence in the Northwest Territories includes one or more of the following:

(a) a head office;

(b) a mailing address or a telephone or fax number in the Northwest Territories;

(c) the occupancy of real property in the Northwest Territories for the purposes of providing post-secondary education;

(d) the occupancy of real property in the Northwest Territories for the purposes of granting degrees;

(e) the employment of or contracting with

(i) an agent, manager or other person in the Northwest Territories who provides or arranges the provision of post-secondary education in the Northwest Territories, or

(ii) an employee, contractor or other person who provides post-secondary education or grants degrees in the Northwest Territories;

(f) any other prescribed elements of physical presence.

PART 2

ROLES AND RESPONSIBILITIES

Minister

Role of Minister

3.

The Minister shall facilitate the development of a post-secondary education system in the Northwest Territories that

(a) promotes excellence;

(b) is accessible and affordable;

(c) is designed to meet the needs of the labour market in the Northwest Territories;

(d) is coordinated and properly integrated;

(e) respects the autonomy of post-secondary institutions and recognized principles of academic freedom; and

(f) respects the unique values, history and cultures of the people of the Northwest Territories.

Duties of Minister

4.

The Minister shall

(a) set directions and determine priorities for the support of the post-secondary education system described in section 3;

(b) allocate money appropriated for the post-secondary education system in accordance with the directions set and priorities determined under paragraph (a);

(c) monitor and evaluate, and carry out research and analysis of post-secondary education in the Northwest Territories;

(d) develop, administer, monitor and evaluate Government support of and programming related to post-secondary education;

(e) advise and assist public post-secondary institutions in developing a mandate required under section 43;

(f) encourage and support post-secondary institutions in establishing appropriate credit transfer arrangements between post-secondary institutions, including with out-of-territory institutions;

(g) support linkages across the post-secondary education system;

(h) promote fiscal responsibility;

(i) advise and assist public post-secondary institutions in planning for the development and delivery of programs of study; and

(j) have regard for the respective autonomy of post-secondary institutions.

Agreements

5.

The Minister may, for the purpose of ensuring the proper administration of this Act and the regulations, enter into agreements with the Government of Canada, the government of a province or another territory, an Indigenous government or council, or with a ministry, board, commission or agency of such a government.

Delegation

6.

The Minister may authorize in writing any public officer to exercise the powers and perform the duties and functions under this Act that are specified in the authorization, and on that authorization that person may exercise those powers and shall perform those duties and functions subject to such terms and conditions, if any, as are specified in the authorization.

Quality Assurance Bodies

One or more advisory committees may be

7.

(1) The Minister may, in accordance with the regulations and by order, establish one or more post-secondary education advisory committees to

(a) review matters relating to quality assurance referred to it by the Minister in accordance with this Act;

(b) advise the Minister, at the Minister’s request, on matters of quality assurance in post-secondary education in the Northwest Territories; and

(c) perform other duties with respect to matters of quality assurance in post-secondary education in the Northwest Territories as directed by the Minister.

Composition

(2) A Committee shall be composed of the following, each appointed by the Minister in accordance with the regulations, for a term not exceeding five years:

(a) a chairperson;

(b) a vice-chairperson;

(c) at least one other member.

Minister shall make reasonable efforts

(3) In appointing members of a Committee under subsection (2), the Minister shall make reasonable efforts to ensure that the membership of the Committee reflects the unique and diverse values, histories and people of the Northwest Territories.

Appointment continues

(4) Notwithstanding subsection (2), the appointment of a member of a Committee continues until the member is reappointed or until a new member is appointed in their place.

Limit on number of terms

(5) The Minister may prescribe a maximum number of terms to which a person may be appointed to a Committee under subsection (2).

Terms of reference

(6) The Minister may, with respect to a Committee established under subsection (1), establish terms of reference for the Committee with respect to a particular matter under review. SNWT 2022,c.5,s.3.

Minister may prescribe quality assurance body

8.

The Minister may prescribe a body that is responsible for the review of post-secondary quality assurance matters in a province or another territory as a quality assurance body for the purposes of this Act and the regulations. SNWT 2022,c.5,s.4.

PART 3

INDIGENOUS

INSTITUTIONS

Application for recognition

9.

(1) A person may, in the form and manner directed by the Minister and on payment of any prescribed application fee, apply to the Minister for recognition as an Indigenous institution.

Recognition of Indigenous institution

(2) The Minister may, on receipt of an application under subsection (1) and in accordance with the regulations, recognize an applicant as an Indigenous institution for the purposes of this Act and the regulations.

Quality assurance review fees and costs

(3) An applicant under subsection (1) shall, in accordance with the regulations, pay the fees and costs associated with any quality assurance review required. SNWT 2022,c.5,s.5.

PART 4

UNIVERSITIES

Consent and Authorization

Prohibition: establish- ment or

10.

(1) No person shall establish or operate a university in the Northwest Territories unless

(a) the Minister has consented to the establishment or operation of the university in accordance with subsection 11(5); and

(b) the establishment or operation of the university is authorized by an Act of the Legislative Assembly.

University established in another jurisdiction

(2) Notwithstanding subsection (1), a person may establish or operate a university in the Northwest Territories if

(a) the person receives authorization from the Minister under subsection 12(2); and

(b) the university is established or operated under an Act of a province or another territory.

Use of term: "university"

(3) No person shall, directly or indirectly, make use of the word "university" or any derivation or abbreviation of the word "university" to indicate that a program of study is available, from or through the person, unless authorized by the Minister or an Act of the Legislative Assembly. SNWT 2022,c.5,s.6.

Application for consent to establish or operate university

11.

(1) A person may, in the form and manner directed by the Minister and on payment of any prescribed application fee, apply to the Minister for consent to establish or operate a university as required by subsection 10(1).

Referral to prescribed quality assurance body

(2) Subject to subsection (3), the Minister shall, on receipt of an application made under subsection (1), refer the application to the prescribed quality assurance body for review and recommendation.

Minister may reject without referral

(3) The Minister may, in the prescribed circumstances or in accordance with prescribed criteria, reject an application made under subsection (1) without making a referral under subsection (2).

Quality assurance review fees and costs

(4) An applicant under subsection (1) shall, in accordance with the regulations, pay the fees and costs associated with a quality assurance review required under subsection (2).

Minister may give consent

(5) On the recommendation of the quality assurance body under subsection (2), in accordance with any applicable regulations and on consideration of any other matter the Minister considers appropriate, the Minister may give consent to an applicant to establish or operate a university and may attach any terms or conditions the Minister considers appropriate to that consent.

Compliance with terms or conditions

(6) A person to whom consent is given under subsection (5) shall comply with any terms or conditions attached to the consent.

For greater certainty

(7) For greater certainty, the Minister may not give consent under subsection (5) unless the prescribed quality assurance body has recommended the establishment or operation of the university.

Decision final

(8) A decision of the Minister under subsection (5) is final. SNWT 2022,c.5,s.7.

Application for authorization

12.

(1) A person may, in the form and manner directed by the Minister and on payment of any prescribed application fee, apply to the Minister for an authorization or the renewal of an authorization to

(a) establish or operate a university under subsection 10(2); or

(b) do one or more things described in subsection 10(3).

Minister may give authorization

(2) The Minister may, in accordance with the regulations and on consideration of any other matter the Minister considers appropriate,

(a) give or renew an authorization to a person who applies under subsection (1); and

(b) attach any terms or conditions to the authorization that the Minister considers appropriate.

Compliance with terms or conditions

(3) A person who receives an authorization under subsection (2)

(a) shall comply with any terms or conditions attached to the authorization; and

(b) shall promptly notify the Minister if it is reasonable to believe that not all of the terms or conditions on which the authorization was given may be met.

Decision final

(4) A decision of the Minister under subsection (2) is final.

Enforcement: authorization

(5) The Minister may, with respect to an authorization given or renewed under this section, at any time and in accordance with any applicable regulations,

(a) suspend or revoke an authorization;

(b) reinstate an authorization with or without conditions;

(c) add new terms or conditions to an authorization; or

(d) change or remove terms or conditions attached to an authorization.

Minister may order refund of tuition fees

(6) The Minister may order that a person whose authorization is suspended or revoked under subsection (5) shall, in accordance with any regulations, refund tuition fees paid in respect of a student enrolled at the university.

Person may not apply for one year

(7) A person whose authorization is revoked under subsection (5) is prohibited from applying for an authorization under subsection (1) for a period of one year. SNWT 2022,c.5,s.8.

University programs of study

13.

A university established under an Act of the Legislative Assembly may, in accordance with its enabling legislation and mandate, provide programs of study that lead to the granting of the following:

(a) degrees;

(b) diplomas;

(c) certificates.

PART 5

DEGREE GRANTING

Prohibition: degree granting

14.

No person shall, directly or indirectly, do any of the following unless authorized by the Minister or an Act of the Legislative Assembly:

(a) grant a degree;

(b) provide a program of study or part of a program of study leading to a degree to be conferred by a person inside or outside the Northwest Territories;

(c) advertise that it has the authority to do something referred to in paragraph (a) or (b);

(d) sell, offer for sale or provide by agreement for a fee, reward or other remuneration, a diploma, certificate, document or other material that indicates or implies the granting or conferring of a degree by a person inside or outside the Northwest Territories.

Application for authorization: degree granting

15.

(1) A person may, in the form and manner directed by the Minister and on payment of any prescribed application fee, apply to the Minister for an authorization to do one or more things described in section 14.

Referral to prescribed quality assurance body

(2) Subject to subsection (3) and to subsections 20(1) and (2), on receipt of an application made under subsection (1), the Minister shall refer the application to the prescribed quality assurance body for review and recommendation.

Minister may reject application without referral

(3) The Minister may, in the prescribed circumstances or in accordance with prescribed criteria, reject an application made under subsection (1) without making a referral under subsection (2).

Quality assurance review fees and costs

(4) An applicant under subsection (1) shall, in accordance with the regulations, pay the fees and costs associated with a quality assurance review required under subsection (2). SNWT 2022,c.5,s.9.

Minister may authorize with approval of Commissioner in Executive Council

16.

(1) The Minister may, on the recommendation of the quality assurance body under subsection 15(2), with the approval of the Executive Council, in accordance with any applicable regulations and on consideration of any other matter the Minister considers appropriate, authorize a person to do one or more things described in section 14.

Terms or conditions

(2) The Minister may, with the approval of the Executive Council, attach any terms or conditions the Minister considers appropriate to an authorization given under subsection (1).

Compliance with terms or conditions

(3) A person who receives an authorization under subsection (1) or a renewal of an authorization under subsection 17(5)

(a) shall comply with any terms or conditions attached to the authorization; and

(b) shall promptly notify the Minister if it is reasonable to believe that not all of the terms or conditions on which the authorization was given may be met.

SNWT 2022,c.5,s.10.

Application for renewal

17.

(1) A person may, in the form and manner directed by the Minister and on payment of any prescribed application fee, apply to the Minister for a renewal of an authorization given under subsection 16(1).

Referral to prescribed quality assurance body

(2) Subject to subsection (3), on receipt of an application made under subsection (1), the Minister shall refer the application to the prescribed quality assurance body for review and recommendation.

Minister may reject application without referral

(3) The Minister may, in the prescribed circumstances or in accordance with prescribed criteria, reject an application made under subsection (1) without making a referral under subsection (2).

Quality assurance review fees and costs

(4) An applicant under subsection (1) shall, in accordance with the regulations, pay the fees and costs associated with a quality assurance review required under subsection (2).

Minister may renew

(5) The Minister may, with the approval of the Executive Council, in accordance with any applicable regulations and on consideration of any other matter, renew an authorization given under subsection 16(1) and may attach any terms or conditions to that authorization that the Minister considers appropriate. SNWT 2022,c.5,s.11.

Decision final

18.

A decision of the Minister under subsection 16(1) or 17(5) is final. SNWT 2022,c.5,s.12.

Enforcement: authorization

19.

(1) The Minister may, with respect to an authorization given under subsection 16(1) or renewed under subsection 17(5), at any time with the approval of the Executive Council and in accordance with any applicable regulations,

(a) suspend or revoke an authorization;

(b) reinstate an authorization with or without conditions;

(c) add new terms or conditions to an authorization; or

(d) change or remove terms or conditions attached to an authorization.

Minister may order refund of tuition fees

(2) The Minister may order that a person whose authorization is suspended or revoked under subsection (1) shall, in accordance with any regulations, refund tuition fees paid in respect of a student enrolled in a program to which the suspension or revocation applies.

Person may not apply for one year

(3) A person whose authorization is revoked under subsection (1) is prohibited from applying for an authorization under subsection 15(1) for a period of one year. SNWT 2022,c.5,s.13.

Minister may authorize without making referral

20.

(1) The Minister may, in accordance with any applicable regulations and without making a referral to the prescribed quality assurance body under subsection 15(2), authorize a person to do one or more things described in section 14 if

(a) the person does so under an agreement with another institution that is authorized to do those things by an Act of the Legislative Assembly or by the Minister under this Act; and

(b) the degree that may be granted at the end of a program of study offered by the person is granted only by that other institution.

Minister may authorize out- of-territory institution or by agreement with out-of- territory institution

(2) The Minister may, in accordance with any applicable regulations and without making a referral to the prescribed quality assurance body under subsection 15(2), authorize a person to do one or more things described in section 14 if

(a) the person is authorized under an Act of a province or another territory to do those things in that province or other territory and has met any prescribed criteria; or

(b) the

(i) person does so under an agreement with an institution that is authorized under an Act of a province or another territory to do those things in that province or other territory and has met any prescribed criteria, and

(ii) degree that may be granted at the end of a program of study offered by the person is granted only by that other institution.

Terms or conditions

(3) The Minister may attach any terms or conditions the Minister considers appropriate to an authorization given under subsection (1) or (2).

Compliance with terms or conditions

(4) A person that receives an authorization under subsection (1) or (2) or a renewal of an authorization under section 21

(a) shall comply with any terms or conditions attached to the authorization or renewal; and

(b) shall promptly notify the Minister if it is reasonable to believe that not all of the terms or conditions on which the authorization or renewal was given may be met.

SNWT 2022,c.5,s.14.

Application for renewal

21.

(1) A person may, in the form and manner directed by the Minister and on payment of any prescribed application fee, apply to the Minister for a renewal of an authorization given under subsection 20(1) or (2).

Minister may renew

(2) The Minister may, in accordance with any applicable regulations, renew an authorization given under subsection 20(1) or (2) and may attach any terms or conditions to that authorization that the Minister considers appropriate. SNWT 2022,c.5,s.15.

Decision final

22.

A decision of the Minister under subsection 20(1), 20(2) or 21(2) is final. SNWT 2022,c.5,s.16.

Enforcement: authorization

23.

(1) The Minister may, with respect to an authorization given under subsection 20(1) or (2) or renewed under subsection 21(2), at any time and in accordance with any applicable regulations,

(a) suspend or revoke an authorization;

(b) reinstate an authorization with or without conditions;

(c) add new terms or conditions to an authorization; or

(d) change or remove terms or conditions attached to an authorization.

Minister may order refund of tuition fees

(2) The Minister may order that a person whose authorization is suspended or revoked under subsection (1) shall, in accordance with any regulations, refund tuition fees paid in respect of a student enrolled in a program to which the suspension or revocation applies.

Person may not apply for one year

(3) A person whose authorization is revoked under subsection (1) is prohibited from applying for an authorization under subsection 15(1) for a period of one year. SNWT 2022,c.5,s.17.

PART 6

COLLEGES

Requirements for establishment

24.

In order to be recognized as a college under this Act,

(a) the establishment or operation of the college must have the consent of the Minister; and

(b) the establishment or operation of the college must be authorized by an Act of the Legislative Assembly.

Application for consent to establish or operate college

25.

(1) A person may, in the form and manner directed by the Minister and on payment of any prescribed application fee, apply to the Minister for consent to establish or operate a college.

Referral to prescribed quality assurance body

(2) Subject to subsection (3), the Minister shall, on receipt of an application made under subsection (1), refer the application to the prescribed quality assurance body for review and recommendation.

Minister may reject without referral

(3) The Minister may, in the prescribed circumstances or in accordance with prescribed criteria, reject an application made under subsection (1) without making a referral under subsection (2).

Quality assurance review fees and costs

(4) An applicant under subsection (1) shall, in accordance with the regulations, pay the fees and costs associated with a quality assurance review required under subsection (2).

Minister may give consent

(5) On the recommendation of the quality assurance body under subsection (2), in accordance with any applicable regulations and on consideration of any other matter the Minister considers appropriate, the Minister may give consent to an applicant to establish or operate a college and may attach any terms or conditions to that consent that the Minister considers appropriate.

Compliance with terms or conditions

(6) A person to whom consent is given under subsection (5) shall comply with any terms or conditions attached to the consent.

For greater certainty

(7) For greater certainty, the Minister may not give consent under subsection (5) unless the prescribed quality assurance body has recommended the establishment or operation of the college.

Decision final

(8) A decision of the Minister under subsection (5) is final. SNWT 2022,c.5,s.18.

College programs of study

26.

A college may, in accordance with its enabling legislation,

(a) provide programs of study that lead to the granting of the following:

(i) diplomas,

(ii) certificates,

(iii) degrees as may be authorized by its enabling legislation or under Part 5; and

(b) provide other programs of study, training and services as approved by the Minister.

SNWT 2022,c.5,s.19.

PART 7

PRIVATE TRAINING INSTITUTIONS

Definitions

27.

In this Part,

"certificate of registration" means a certificate of registration issued under section 28 or renewed under section 28.1; (certificat d’inscription)

"program of instruction" means a course or series of courses of instruction which, when successfully completed, results in the student receiving a certificate, diploma or degree from a private training institution or from another institution in partnership with the private training institution; (programme d’enseignement) "student contract" means an agreement in writing between a private training institution and a student. (contrat d’étudiant) SNWT 2022,c.5,s.20.

Application

28.

(1) A person may, in the form and manner directed by the Minister and on payment of any prescribed application fee, apply to the Minister for a certificate of registration to be registered as a private training institution under this Act.

Referral to prescribed quality assurance body

(2) Subject to subsection (3), the Minister shall, on receipt of an application made under subsection (1), refer the application to the prescribed quality assurance body for review and recommendation.

Minister may reject without referral

(3) The Minister may, in the prescribed circumstances or in accordance with prescribed criteria, reject an application made under subsection (1) without making a referral under subsection (2).

Quality assurance review fees and costs

(4) An applicant under subsection (1) shall, in accordance with the regulations, pay the fees and costs associated with a quality assurance review required under subsection (2).

Minister may give consent

(5) On the recommendation of the quality assurance body under subsection (2), in accordance with any applicable regulations and on consideration of any other matter the Minister considers appropriate, the Minister may issue a certificate of registration and may attach any terms or conditions to that certificate that the Minister considers appropriate.

Compliance with terms or conditions

(6) A person to whom a certificate of registration is issued under subsection (5) shall comply with any terms or conditions attached to the certificate.

For greater certainty

(7) For greater certainty, the Minister may not issue a certificate of registration under subsection (5) unless the prescribed quality assurance body has recommended the issuance of the certificate.

Decision final

(8) A decision of the Minister under subsection (5) is final. SNWT 2022,c.5,s.21.

Application for renewal

28.1.

(1) A person may, in the form and manner directed by the Minister and on payment of any prescribed application fee, apply to the Minister for a renewal of a certificate of registration issued under subsection 28(5).

Referral to prescribed quality assurance body

(2) Subject to subsection (3), on receipt of an application made under subsection (1), the Minister shall refer the application to the prescribed quality assurance body for review and recommendation.

Minister may reject application without referral

(3) The Minister may, in the prescribed circumstances or in accordance with prescribed criteria, reject an application made under subsection (1) without making a referral under subsection (2).

Quality assurance review fees and costs

(4) An applicant under subsection (1) shall, in accordance with the regulations, pay the fees and costs associated with a quality assurance review required under subsection (2).

Minister may renew certificate of registration

(5) The Minister may, in accordance with the regulations and on consideration of any other matter the Minister considers appropriate, renew a certificate of registration issued under subsection 28(5) and may attach any terms or conditions to that certificate that the Minister considers appropriate.

Compliance with terms or conditions

(6) A person to whom a renewal of a certificate of registration is issued under subsection (5) shall comply with any terms or conditions attached to the certificate.

Decision final

(7) A decision of the Minister under subsection (5) is final. SNWT 2022,c.5,s.21.

Annual report

29.

Every private training institution shall, as directed by the Minister, prepare and submit an annual report to the Minister.

Order of Minister

30.

(1) If the Minister has reason to believe that a certificate of registration or a student contract is not being complied with, the Minister may in writing order a refund of fees for a program of instruction or order a private training institution to take measures specified in the order within the time specified in the order.

Minister may require proof of financial position

(2) If the Minister has reason to believe that the financial position of a private training institution is inadequate, the Minister may in writing order the institution to provide to the Minister full and correct statements showing the financial position of the institution and may require the statements to be made on oath or verified by statutory declaration.

Enforcement: certificate of registration

31.

(1) The Minister may, with respect to a certificate of registration issued under subsection 28(5) or renewed under subsection 28.1(5), and in accordance with any applicable regulations,

(a) suspend or cancel a certificate or a portion of a certificate;

(b) reinstate a certificate with or without conditions;

(c) add new terms or conditions to a certificate; or

(d) change or remove terms or conditions attached to a certificate.

Notice of suspension or cancellation

(2) Subject to subsection (3), the Minister shall give a private training institution 30 days’ notice of the intention to cancel or suspend a certificate of registration under subsection (1).

Notice of immediate suspension or cancellation

(3) The Minister may cancel or suspend a certificate of registration immediately by giving a private training institution a notice of immediate suspension if the Minister is of the opinion that it is necessary to do so to protect students or to protect the public interest.

Content of notice

(4) A notice given under subsection (2) or (3) must set out the reasons for the proposed action.

Duty to provide names and addresses

(5) On receiving a notice under subsection (2) or (3), a private training institution shall, for the purpose of facilitating notice under paragraph (6)(b), provide to the Minister as soon as possible a list of the names and addresses of the students registered at the institution who are affected by the notice.

Minister shall post or give notice

(6) On a notice being given under subsection (2) or (3), the Minister shall

(a) post a notice of the suspension or cancellation in a prominent place at each premises at which the private training institution offers a program of instruction; or

(b) if the institution does not offer a program of instruction at premises, notify in writing those students shown on the list provided under subsection (5) of the cancellation or suspension of the certificate of registration.

SNWT 2022,c.5,s.22.

Decision final

32.

A decision of the Minister under section 31 is final. SNWT 2022,c.5,s.23.

Request for cancellation

33.

(1) A private training institution may request the cancellation of a certificate of registration or a portion of a certificate of registration held by the institution by submitting a written request to the Minister.

Duty to provide names and addresses

(2) If a private training institution requests that a certificate of registration or a portion of a certificate of registration be cancelled under subsection (1), the institution shall, for the purpose of facilitating notice under paragraph (4)(b), provide to the Minister a list of the names and addresses of the students affected by the cancellation.

Minister may cancel

(3) If the Minister is satisfied that a private training institution that makes a request under subsection (1) has fulfilled the institution’s obligations under any student contracts with the students affected by the cancellation, the Minister may, on notice to the institution, cancel the certificate of registration or a portion of the certificate of registration.

Minister shall post or give notice

(4) On a notice being given under subsection (3), the Minister shall

(a) post a notice of the cancellation in a prominent place at each premises at which the private training institution offers a program of instruction; or

(b) if the institution does not offer a program of instruction at premises, notify in writing those students shown on the list provided under subsection (2) of the cancellation.

PART 8

PRIVATE VOCATIONAL TRAINING

Definitions

34.

(1) In this Part,

"certificate of registration" means a certificate of registration issued or renewed under section 36; (certificat d’inscription)

"Director" means the Director of Private Vocational Training appointed under subsection 35(1); (directeur)

"student contract" means an agreement between a provider of a vocational training program and a student; (contrat d’étudiant)

"vocational training program" means a program that provides training in the skill and knowledge required for employment in a vocation prescribed under subsection (2), by classroom instruction or distance education. (programme de formation professionnelle)

Minister may prescribe vocation

(2) The Minister may prescribe a vocation for the purposes of this Part.

Appointment of Director

35.

(1) The Minister shall appoint a Director of Private Vocational Training.

Delegation

(2) The Director may

(a) engage the services of persons who are not employees of the Government and who have specialized knowledge or skills to act as inspectors or to advise the Director on matters relating to the regulation of the provision of vocational training programs; and

(b) authorize in writing any of the following persons to exercise a power conferred or a duty imposed on the Director:

(i) an employee of the Government under the administration of the Minister,

(ii) a person engaged under paragraph (a).

Application

36.

(1) A person may, in the form and manner directed by the Director and on payment of the prescribed fee, apply to the Director for a certificate of registration or the renewal of a certificate of registration to provide a vocational training program.

Director may issue certificate of registration

(2) On the application of a person under subsection (1), in accordance with the regulations and on consideration of any other matter the Director considers appropriate, the Director may issue or renew a certificate of registration or a portion of a certificate of registration.

Terms or conditions

(3) The Director may attach any terms or conditions the Director considers appropriate to a certificate of registration issued or renewed under subsection (2).

Compliance with terms or conditions

(4) A person to whom a certificate of registration is issued or renewed under subsection (2) shall comply with any terms or conditions attached to the certificate.

Annual report

37.

Every person who holds a certificate of registration issued or renewed under this Part shall, as directed by the Director, prepare and submit an annual report to the Director.

Order of Director

38.

(1) If the Director has reason to believe that a certificate of registration or a student contract is not being complied with, the Director may in writing order a refund of fees for a vocational training program or order the person who holds the certificate to take measures specified in the order within the time specified in the order.

Director may require proof of financial position

(2) If the Director has reason to believe that the financial position of a person who holds a certificate of registration is inadequate, the Director may in writing order the person to make and provide to the Director full and correct statements showing the financial position of the person and may require the statements to be made on oath or verified by statutory declaration.

Enforcement: certificate of registration

39.

(1) The Director may, with respect to a certificate of registration and in accordance with any applicable regulations,

(a) suspend or cancel a certificate or a portion of a certificate;

(b) reinstate a certificate with or without conditions;

(c) add new terms or conditions to a certificate; or

(d) change or remove terms or conditions attached to a certificate.

Notice of suspension or cancellation

(2) Subject to subsection (3), the Director shall give the holder of a certificate of registration 30 days’ notice of the intention to cancel or suspend a certificate under subsection (1).

Notice of immediate suspension or cancellation

(3) The Director may cancel or suspend a certificate of registration immediately by giving the holder of the certificate a notice of immediate suspension if the Director is of the opinion that it is necessary to do so to protect students or to protect the public interest.

Content of notice

(4) A notice given under subsection (2) or (3) must set out the reasons for the proposed action and must inform the holder of the certificate of registration that the person is entitled to request a review of the proposed action.

Duty to provide names and addresses

(5) On receiving a notice under subsection (2) or (3), the holder of the certificate of registration shall, for the purpose of facilitating notice under paragraph (6)(b), provide to the Director as soon as possible a list of the names and addresses of the students registered in a vocational training program affected by the notice.

Director shall post or give notice

(6) On a notice being given under subsection (2) or (3), the Director shall

(a) post a notice of the suspension or cancellation in a prominent place at each premises at which the vocational training program affected by the suspension or cancellation is provided; or

(b) if the vocational training program is not provided at premises, notify in writing those students shown on the list provided under subsection (5) of the cancellation or suspension of the certificate of registration.

Right to request review

40.

A person who holds a certificate of registration that has been cancelled or suspended by the Director under section 39 may request a review, in accordance with the regulations, of that action.

Request for cancellation

41.

(1) A person who holds a certificate of registration may request the cancellation of that certificate or a portion of that certificate by submitting a written request to the Director.

Duty to provide names and addresses

(2) If a person requests, under subsection (1), that a certificate or a portion of a certificate held by that person be cancelled, the person shall, for the purpose of facilitating notice under paragraph (4)(b), provide to the Director a list of the names and addresses of the students affected by the cancellation.

Director may cancel

(3) If the Director is satisfied that a person who makes a request under subsection (1) has fulfilled the person’s obligations under any student contracts with the students affected by the cancellation, the Director may, on notice to the person, cancel the certificate or a portion of the certificate.

Director shall post or give notice

(4) On a notice being given under subsection (3), the Director shall

(a) post a notice of the cancellation in a prominent place at each premises at which a vocational training program affected by the cancellation is provided; or

(b) if a vocational training program is not provided at premises, notify in writing those students shown on the list provided under subsection (2) of the cancellation.

PART 9

GENERAL INSTITUTIONAL AND

REPORTING REQUIREMENTS

Tuition fees

42.

The Board or other governing body of a public post-secondary institution shall not charge or increase a tuition fee unless the tuition fee or the increase has been approved by the Minister.

Mandate

43.

(1) The Board or other governing body of each public post-secondary institution shall, as directed by the Minister, prepare a statement setting out the mandate of the institution and shall submit that statement to the Minister for approval.

Prohibition: activities outside of mandate

(2) The Board or other governing body of a public post-secondary institution shall not engage in or carry on any activity that is not within the mandate approved under this section.

Requirement for quality assurance processes and evaluation

44.

The Board or other governing body of a public post-secondary institution or of a private university or college shall, in accordance with this Act and with any applicable regulations or any direction given by the Minister,

(a) establish and adhere to quality assurance processes that ensure the integrity and quality of programs of study offered by the institution, university or college; and

(b) regularly evaluate programs of study and services offered at the institution, university or college.

SNWT 2022,c.5,s.24.

Additional institutions to provide annual report

45.

(1) The Board or other governing body of a private university or college, other than a private university or college to which subsection 53(1) applies, shall prepare and submit to the Minister an annual report as directed by the Minister.

Report to be made available to the public

(2) A Board or other governing body who prepares an annual report under subsection (1) shall make the report available to the public in a manner directed by the Minister.

Audit

46.

A quality assurance body may, at the request of the Minister and in accordance with the regulations, conduct a program assessment or institutional audit to ensure that a post-secondary institution has met and continues to meet or comply with

(a) this Act and the regulations, including any terms or conditions set out in a consent, authorization or certificate of registration granted under this Act; or

(b) any other enactment.

SNWT 2022,c.5,s.25.

Financing and Accountability:

Public Post-Secondary Institutions

Grants and contributions to public

47.

The Minister may, in accordance with the Financial Administration Act,

(a) provide a grant or a contribution or a combination of a grant and a contribution to a public post-secondary institution; and

(b) develop a planning and accountability framework in respect of a grant or contribution described in paragraph (a).

Annual budgets

48.

The Board or other governing body of a public post-secondary institution shall, in accordance with the Financial Administration Act and any framework developed under paragraph 47(b), prepare and submit to the Minister

(a) an annual operating budget for the institution;

(b) an annual capital budget for the institution; and

(c) any additional financial information requested by the Minister.

Strategic plan

49.

(1) The Board or other governing body of a public post-secondary institution shall, in accordance with any framework developed under paragraph 47(b), develop and maintain a multi-year strategic plan.

Corporate plan

(2) The Board or other governing body of a public post-secondary institution shall prepare an annual corporate plan that reports on progress made with respect to those things set out in the strategic plan required under subsection (1).

Annual report

50.

(1) The Board or other governing body of a public post-secondary institution shall, in accordance with subsection 32(1) of the Financial Administration Act and any framework developed under paragraph 47(b), prepare and submit an annual report to the Minister.

Report to be tabled

(2) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.

Review

51.

(1) The Minister may appoint a person to review and report on any matter concerning the management, administration or operation of a public post-secondary institution.

Terms of reference, etc.

(2) A review under subsection (1) must be conducted in accordance with section 33 of the Financial Administration Act, any planning and accountability framework developed under paragraph 47(b) and any terms of reference established by the Minister.

Institution shall provide information and assistance

(3) An institution that is the subject of a review under subsection (1) shall provide the person appointed under subsection (1)

(a) all reasonable assistance in carrying out the review;

(b) with access to information and records that are reasonably requested as part of the review; and

(c) with information or explanations relevant to the review that the person may reasonably require.

Financing and Accountability:

Other Post-Secondary

Institutions

Grants and contributions to other institutions

52.

The Minister may, in accordance with the Financial Administration Act, provide a grant or a contribution or a combination of a grant and a contribution to a post-secondary institution other than a public post-secondary institution.

Operating budget and financial information

53.

(1) The Board or other governing body of a post-secondary institution that receives a grant or a contribution or a combination of a grant and a contribution under section 52 shall, as directed by the Minister, prepare and submit to the Minister

(a) an annual operating budget for the institution; and

(b) any additional financial information requested by the Minister.

For greater certainty

(2) For greater certainty, under subsection (1), the Minister may request and a post-secondary institution shall provide any reports prepared by an auditor of the institution and any other financial information the Minister considers necessary.

Annual report

(3) The Board or other governing body of a post- secondary institution that receives a grant or a contribution or a combination of both under section 52 shall, as directed by the Minister, prepare and submit an annual report to the Minister.

Information Sharing

Definition: "personal information"

54.

In sections 55 to 58, "personal information" means "personal information" as defined in section 2 of the Access to Information and Protection of Privacy Act.

Request for information

55.

(1) The Minister may, in fulfilling their role under this Act, request that any of the following provide information:

(a) a post-secondary institution;

(b) a department or public agency.

Duty to provide information

(2) An entity that receives a request for information under subsection (1) shall provide the information to the Minister in the form and within the time specified by the Minister. SNWT 2022,c.5,s.26.

Collection of personal information

56.

(1) The Minister may, in accordance with any applicable regulations, collect personal information directly or indirectly under section 55 for purposes relating to the provision of post-secondary education in the Northwest Territories, including

(a) administering this Act and the regulations;

(b) ensuring compliance with this Act and the regulations;

(c) planning for, allocating and administering funding to post-secondary institutions and identifying, monitoring and preventing any unauthorized receipt or use of funding;

(d) developing, administering, monitoring and evaluating Government support of and programming respecting post-secondary education;

(e) examining student participation, attrition and completion;

(f) understanding and tracking patterns of student progress, mobility, outcomes and employment;

(g) understanding linkages among universities, colleges and other institutions, high schools, adult learning centres, adult literacy programs and other education providers;

(h) understanding and anticipating trends in program choices among students;

(i) understanding sources and patterns of student finance;

(j) examining patterns and changes in student tuition, fees and expenses;

(k) planning ways of enhancing the affordability and accessibility of post-secondary education;

(l) identifying conditions or barriers that inhibit student participation, progress, completion and transition to employment or future educational opportunities; and

(m) monitoring, evaluating and carrying out research and analysis about post-secondary education.

Limit on collection

(2) The Minister shall not collect or use personal information if other information will serve the purpose of the collection or use.

No more than reasonably necessary

(3) The Minister shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use.

Other rights and obligations unaffected

(4) Nothing in this Act limits the authority of the Minister to collect, use and disclose personal information if authorized or required to do so by law.

Minister may direct assignment of identifier

57.

(1) The Minister may, in accordance with any applicable regulations, direct a post-secondary institution to assign an educational identifier to be used in respect of a student or former student of the institution.

Duty to comply

(2) A post-secondary institution shall comply with a direction received from the Minister under subsection (1).

Use of educational identifier

(3) The Minister may request that an educational identifier be used by an entity listed in section 55 with respect to any personal information about an identifiable student provided in accordance with that section.

Agreements

58.

The Minister may, in accordance with any applicable regulations, enter into agreements with any of the following and may, in accordance with such an agreement and the regulations, share information, including personal information, about an identifiable student:

(a) the Government of Canada;

(b) the government of a province or another territory;

(c) a quality assurance body.

PART 10

ENFORCEMENT

Definition: "record"

59.

In this Part, "record" includes any document, book, electronic data or other record.

Inspectors

Inspectors

60.

(1) The Minister may appoint inspectors to carry out inspections and searches under this Act and the regulations.

Administering oaths

(2) An inspector may administer oaths and take and receive affidavits and statutory declarations required under this Act.

Inspection and Investigation

Inspection

61.

(1) Subject to subsection (5), for the purpose of ensuring compliance with this Act or the regulations, an inspector may, at any reasonable time, enter and inspect any post-secondary institution or other place in which the inspector believes on reasonable grounds there is a record or other thing to which this Act or the regulations applies, or a record or other thing relating to the administration of this Act or the regulations.

Powers on inspection

(2) In conducting an inspection under this section, an inspector may

(a) inspect any record or thing that is in the place and that the inspector believes on reasonable grounds is a record or thing referred to in subsection (1);

(b) direct any person to produce for examination or copying any record that the inspector believes on reasonable grounds contains information that is relevant to the administration of this Act or the regulations;

(c) use or cause to be used any computer system or other electronic device at the place to examine any data contained in or available to the computer system or other electronic device;

(d) reproduce any record or cause it to be reproduced from the data in the form of a printout or other output;

(e) use or cause to be used any copying equipment at the place to make copies of the data or any other record;

(f) remove from the place any record or other thing for the purpose of making copies or for further inspection;

(g) take photographs and make recordings and sketches; and

(h) require any individual to establish their identity to the inspector’s satisfaction.

Duty to comply

(3) A person shall comply with a direction given by an inspector under subsection (2).

Return of records or things

(4) Any copying or further inspection done must be conducted as soon as is practicable, and the record or other thing must be returned promptly to the person from whom it was taken.

Inspection of private dwelling

(5) An inspector may only enter a private dwelling with the consent of the occupant or under the authority of a warrant issued under section 62.

Admissibility

(6) A copy or extract of a record obtained under this section is admissible in evidence in any action as proof, absent evidence to the contrary, of the original, without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract. SNWT 2022,c.5,s.27.

Warrant to inspect private dwelling

62.

(1) A justice may issue a warrant authorizing an inspector and any other named person to enter and inspect a private dwelling and exercise any power referred to in section 61 if, on an ex parte application, the justice is satisfied by information on oath or affirmation that

(a) there is in a private dwelling a record or other thing to which this Act or the regulations applies or a record or other thing relating to the administration of this Act or the regulations;

(b) entry to the private dwelling is necessary for a purpose relating to the administration of this Act or the regulations; and

(c) entry to the private dwelling has been refused or that there are reasonable grounds for believing that entry will be refused.

Warrant subject to conditions

(2) A warrant issued under subsection (1) is subject to any conditions that may be specified in the warrant.

Endorsement of warrant

(3) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the inspector to whom it was originally directed, to any other inspector, and to any other named person, to execute the warrant.

Prohibitions

Prohibitions: false

63.

No person shall

(a) knowingly make a false or misleading statement, either orally or in writing, to an inspector who is exercising powers or performing duties under this Act; or

(b) otherwise obstruct or hinder an inspector who is exercising powers or performing duties under this Act.

False or misleading statement, application

64.

No person shall make a false or misleading statement or provide false or misleading information in an application, report or other record required by this Act or the regulations.

Offences and Penalties

Offence and punishment

65.

Every person who contravenes or fails to comply with this Act, the regulations or an order made under this Act or the regulations is guilty of an offence punishable on summary conviction and, except as otherwise provided, is liable

(a) in the case of a corporation, to a fine not exceeding $50,000; or

(b) in the case of any other person, to a fine not exceeding $10,000.

PART 11

REGULATIONS

Regulations

66.

The Minister may make regulations

(a) defining any word or expression that is used but not defined in this Act;

(b) further defining any word or expression defined in this Act;

(c) prescribing institutions or classes of institutions for the purposes of the definition "post-secondary institution" in subsection 1(1);

(d) prescribing elements of physical presence for the purpose of determining whether a person has a physical presence in the Northwest Territories under section 2;

(e) respecting the establishment of a post-secondary education advisory committee under section 7, including

(i) respecting the qualifications of members appointed to a Committee,

(ii) prescribing, for the purpose of subsection 7(5), the maximum number of terms to which a person may be appointed,

(iii) respecting the organization of and procedures for a Committee,

(iv) respecting the powers and duties of a Committee, and

(v) establishing or adopting standards for the review of quality assurance matters by a Committee;

(f) prescribing a body as a quality assurance body under section 8;

(f.1) prescribing a quality assurance body for the purpose of subsection 11(2), 15(2), 17(2), 25(2), 28(2) or 28.1(2) and respecting a referral of an application to that body;

(g) prescribing circumstances or criteria under which the Minister may reject an application under subsection 11(3), 15(3), 17(3), 25(3), 28(3) or 28.1(3);

(h) respecting the giving of consent under subsection 11(5); respecting terms or conditions of any of the following:

(i) consent under subsection 11(5),

(ii) authorizations under subsection 12(2),

(iii) authorizations under subsection 20(1), 20(2) or 21(2),

(iv) consent under subsection 25(5),

(v) certificates of registration under subsection 28(5), 28.1(5) or 36(2); respecting the refund of tuition fees under subsection 12(6), 19(2) or 23(2);

(i) respecting the giving or renewal of authorizations under subsection 12(2);

(j) respecting actions that may be taken by the Minister under subsection 12(5);

(k) respecting the giving of authorizations under subsection 20(1) or the renewal of authorizations under section 21;

(l) respecting the giving of authorizations under subsection 20(2), including prescribing criteria that must be met by an institution seeking an authorization under paragraph 20(2)(a) or (b);

(m) respecting actions that may be taken by the Minister under subsection 23(1); respecting the giving of consent under subsection 25(5);

(n) respecting the issuance of certificates of registration under subsection 28(5) or the renewal of certificates of registration under subsection 28.1(5);

(o) respecting the enrolment of students, including requirements for student contracts and prescribing criteria to be included in student contracts;

(p) respecting actions that may be taken by the Minister under section 31;

(q) prescribing vocations under subsection 34(2);

(r) respecting the issuance or renewal of certificates of registration under subsection 36(2);

(s) respecting actions that may be taken by the Director under section 39;

(t) respecting reviews under section 40, including the manner of requesting a review and the process by which a review is conducted;

(u) prescribing and respecting fees payable under this Act and the regulations, including prescribing circumstances in which a fee may be waived;

(u.1) respecting the payment of costs and fees associated with quality assurance review processes;

(v) respecting approvals required under section 42;

(w) respecting the evaluation of programs of study and services under section 44;

(x) respecting any matter in respect of a program assessment or institutional audit under section 46;

(y) respecting the collection of personal information under section 56;

(z) respecting directions given by the Minister under subsection 57(1);

(z.1) respecting agreements referred to in section 58 and the sharing of personal information under such agreements;

(z.2) respecting the manner in which a notice required under this Act must be served; and

(z.3) respecting any other matter or thing that the Minister considers necessary or advisable to carry out the purposes and provisions of this Act.

SNWT 2022,c.5,s.28.

Other regulations

67.

The Commissioner in Executive Council may make regulations

(a) respecting the recognition, under section 9, of a person as an Indigenous institution, including the process by which a person may be recognized and prescribing the criteria to be used by the Minister in determining whether or not a person may be recognized;

(b) respecting the giving of authorizations under subsection 16(1) or the renewal of authorizations under subsection 17(5) and including terms or conditions of those authorizations; and

(c) respecting actions that may be taken by the Minister under subsection 19(1).

SNWT 2022,c.5,s.29.

CONSEQUENTIAL AMENDMENT

Education Act

68.

Section 150 of the Education Act is repealed.

COMMENCEMENT

Coming into force

69.

This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.