Aurora College Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.A-7
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.

Contents
1. Definitions 2. Continuation of Aurora College 3. Purpose of Aurora College 4. Establishment of campuses 5. Funding 6. Mandate 7. Minister as trustee 7.1. No interference 8. Continuation of Board 9. Composition of Board 10. Quorum 11. Remuneration and expenses 12. Chairperson 13. Executive committee 14. Repealed 15. Duties of Board 16. Powers of Board 17. Delegation to Research Advisory Council 18. Annual report 19. Report to Minister 20. Academic Council established 21. Indigenous Knowledge Holders Council established 22. Appointment: president 23. Duties of president 24. Public service 25. Establishment of student association 26. Student council 27. Repealed 28. Petition 29. Investigation 30. Power of Minister 31. Administrator 32. Powers and duties 33. References to Board and president 34. Regulations made by Commissioner 35. Regulations made by
Regulations
Aurora College Board of Governors RegulationsAurora College Campuses Establishment OrderAurora College Mandate RegulationsAurora College Research Advisory Council Regulations

SNWT 2006,c.6,s.2

INTERPRETATION

Definitions

1.

In this Act,

"Academic Council" means the Aurora College Academic Council established under subsection 20(1); (commission des études)

"administrator" means the person appointed as administrator of Aurora College under subsection 31(1); (administrateur)

"Board" means the Board of Governors of Aurora College continued by section 8; (Conseil)

"executive committee" means the executive committee established under subsection 13(1); (bureau)

"Indigenous Knowledge Holders Council" means the Aurora College Indigenous Knowledge Holders Council established under subsection 21(1); (Conseil des détenteurs du savoir traditionnel)

"instructional staff" means staff of Aurora College under the supervision of the president that are primarily responsible for instructing students of Aurora College; (personnel enseignant)

"non-instructional staff" means staff of Aurora College other than instructional staff and staff prescribed under paragraph 35(a); (personnel non enseignant)

"president" means the person appointed as president of Aurora College under subsection 22(1); (recteur)

"public service" means the public service as defined in the Public Service Act; (fonction publique)

"student" means a person enrolled in a program or in a course of Aurora College; (étudiant)

"student association" means a student association established under subsection 25(1); (association des étudiants)

"student council" means the executive body of a student association established by subsection 26(1); (conseil des étudiants) "tuition" means fees paid for the enrollment of students in full-time programs. (frais de scolarité) SNWT 1994,c.28,s.3; SNWT 2006,c.6,s.3; SNWT 2021,c.14,s.2; SNWT 2023,c.7,s.4(2).

AURORA COLLEGE

Continuation

Continuation of Aurora College

2.

Aurora College is continued as a corporation. SNWT 1994,c.28,s.4,5; SNWT 2006,c.6,s.4.

Purpose of Aurora College

3.

The purpose of Aurora College is to deliver adult and post-secondary education, including the delivery of university level programs and the granting of prescribed university degrees and applied bachelor degrees. SNWT 1994,c.28, s.6; SNWT 1999,c.23,s.2; SNWT 2006,c.6,s.5.

Establishment of campuses

4.

(1) The Minister may, by order, establish campuses of Aurora College.

Closing of campuses

(2) The Minister may, by order, close campuses. SNWT 1994,c.28,s.7; SNWT 2006,c.6,s.6.

Funding

5.

(1) Expenditures for the purpose of Aurora College may be made out of money appropriated for that purpose and revenues received under this Act.

Revenue

(2) All revenues received under this Act must be deposited to the credit of Aurora College in a bank account referred to in paragraph 15(e). SNWT 1994,c.28,s.8; SNWT 2006,c.6,s.7; SNWT 2015,c.13,s.150(2); SNWT 2018, c.18,s.3(2).

Mandate

Mandate

6.

(1) The Board shall, as directed by the Minister, SNWT 2021,c.14,s.3.

prepare a statement setting out the mandate of Aurora College in the prescribed form, and shall submit that statement to the Minister for approval.

Prohibition: Activities outside mandate

(2) The Board shall not engage in or carry on any activity that is not within the mandate approved under this section. SNWT 2021,c.14,s.3.

Minister

Minister as trustee

7.

(1) The Minister may accept and hold as trustee SNWT 2021,c.14,s.3.

a gift, grant, devise or bequest of real property made to or for the purpose of Aurora College and act as trustee of that property.

Trustee Act

(2) Sections 49 to 53 of the Trustee Act do not apply to the Minister acting as a trustee under subsection (1). SNWT 2021,c.14,s.3.

No interference

7.1.

The Minister shall not interfere with the exercise of powers under this Act or the regulations by Aurora College, the Board, the Academic Council, the Indigenous Knowledge Holders Council, a Research Advisory Council or any other bodies granted powers under this Act in respect of

(a) the development of policies of Aurora College;

(b) activities undertaken in furtherance of the mandate; or

(c) recommendations made by the Academic Council, the Indigenous Knowledge Holders Council or any other council or committee established by the Board.

SNWT 2021,c.14,s.3.

Board of Governors

Continuation of Board

8.

The Board of Governors of Aurora College is SNWT 2021,c.14,s.3.

continued. SNWT 2021,c.14,s.3.

Composition of Board

9.

(1) The Board must be composed of the following members appointed by the Minister in accordance with this section:

(a) one instructional staff member nominated by the instructional staff;

(b) one non-instructional staff member nominated by the non-instructional staff;

(c) one student member nominated by the student council or, if there is more than one student council, the student councils;

(d) ten members recommended by the Board, at least five of which must be Indigenous residents of the Northwest Territories;

(e) any additional members that the Minister believes would promote the prescribed competencies.

President

(2) The president of Aurora College is, by virtue of that office, a non-voting member of the Board.

Recommenda- tion

(3) Upon receipt of a nomination under paragraph (1)(a), (b) or (c), the Minister shall appoint the recommended individual to the Board.

Qualifications

(4) In appointing members under paragraph (1)(d) or (e), the Minister shall

(a) take into account the recommendations of the Board;

(b) take into account the prescribed competencies for effective, efficient and sustainable governance of Aurora College; and

(c) make reasonable efforts to ensure that the composition of the Board reflects the unique and diverse values, histories and people of the Northwest Territories.

Ineligibility

(5) A person is not eligible to be appointed or to continue as a member of the Board if the person is

(a) an employee of a department of the Government of the Northwest Territories;

(b) a member of the Legislative Assembly of the Northwest Territories or another territory or province;

(c) a member of the Parliament of Canada;

(d) a member of a municipal council;

(e) a member of a governing council of an Indigenous government; or

(f) an employee of Aurora College, other than those employees specified in subsection (1).

Term

(6) The term of a member

(a) appointed under paragraph (1)(a), (b) or (c) must not exceed two years; and

(b) appointed under paragraph (1)(d) or (e) must not exceed three years.

Removal of member

(7) The Minister may remove a member from the Board before the expiry of the member’s term if

(a) a resolution is passed by a 2/3 majority vote of the Board; and

(b) in the opinion of the Minister, the removal of the member would be in the best interests of the Board.

Ineligibility: terms

(8) At the expiration of a second consecutive term as a member of the Board, a person is not eligible for appointment until three years after the date of the expiry of that second term.

Revocation

(9) The appointment of a member of the Board is deemed to be revoked

(a) in the case of a member who is appointed under paragraph (1)(a), if the member ceases to be instructional staff of Aurora College;

(b) in the case of a member who is appointed under paragraph (1)(b), if the member ceases to be non-instructional staff of Aurora College; or

(c) in the case of a member appointed under paragraph (1)(c), if the member ceases to be a student.

SNWT 2021,c.14,s.3; SNWT 2023,c.7,s.4(3),(4),(5).

Quorum

10.

A majority of the members appointed constitutes a quorum. SNWT 1994,c.28,s.13; SNWT 2006, c.6,s.12.

Remuneration and expenses

11.

A member of the Board shall be paid the prescribed remuneration and shall be reimbursed for any prescribed expenses. SNWT 1994,c.28,s.13; SNWT 2006, c.6,s.13; SNWT 2021,c.14,s.4.

Chairperson

12.

(1) The Commissioner in Executive Council shall appoint a chairperson for the Board from among the Board’s members.

Vice- chairperson

(2) The Board shall select a vice-chairperson from among its members in accordance with its bylaws. SNWT 2021,c.14,s.5.

Executive committee

13.

(1) The Board shall constitute an executive committee comprised of the chairperson, vice-chairperson and not less than two other members selected from among the members of the Board.

Delegation

(1.1) The Board may delegate any of its powers or duties to the executive committee and specify any terms or conditions governing the exercise of those powers or the performance of those duties.

Powers and duties

(2) The executive committee, in exercising the powers and performing the duties delegated to it by the Board, shall act in accordance with the direction of the Board. SNWT 1994,c.28,s.15; SNWT 2006, c.6,s.15; SNWT 2021,c.14,s.6.

14.

Repealed, SNWT 2021,c.14,s.7.

Duties of Board

15.

(1) The Board shall

(a) develop policies of Aurora College respecting the administration, operations, programs and priorities of the College;

(b) prepare, for each fiscal year, an estimate of the revenues and expenditures of Aurora College that does not result in a deficit;

(c) submit budgets to the Minister in accordance with sections 26 to 29 of the Financial Administration Act; and

(d) ensure that all money appropriated, given or bequeathed to or for the purpose of Aurora College and all revenues received under this Act are deposited in a bank to the credit of Aurora College.

Duty of care

(2) The Board, in exercising its powers and performing its duties under this Act and the regulations, shall

(a) act honestly and in good faith with a view to the best interests of Aurora College;

(b) exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances; and

(c) manage and operate Aurora College in accordance with the purpose set out in section 3.

SNWT 2021,c.14,s.7.

Powers of Board

16.

(1) The Board may

(a) recommend to the Minister the establishment or closure of a campus;

(b) establish and maintain one or more bank accounts in the name of Aurora College;

(c) authorize Aurora College to acquire, use and dispose of real and personal property;

(d) manage, administer and control real property owned by Aurora College, including

(i) maintaining and keeping the real property in proper order and condition,

(ii) erecting buildings and structures on the real property that it considers to be necessary or advisable, and

(iii) making rules respecting the management of the real property; subject to section 52 of the Financial Administration Act, invest money received as a gift or bequest; draw, make, accept, endorse and issue promissory notes, bills of exchange and any other negotiable or transferable instruments; subject to Part 8 of the Financial Administration Act, borrow money by way of line of credit from a financial institution; enter into such agreements on behalf of Aurora College as it considers necessary with any person, association, District Education Authority, Divisional Education Council, council of a municipality or government to carry out the purpose and provisions of this Act and the regulations; determine the tuition to be paid in accordance with the Post-Secondary Education Act; fix the fees to be paid by students for accommodation in student residences or through boarding programs; determine the non-tuition fees to be paid by students and fix those fees; establish committees that it determines to be necessary to carry out the Board’s functions, including

(i) naming people to those committees, which may include persons who are not members of the Board, and

(ii) delegating powers, duties or functions of the Board to those committees; make bylaws respecting

(i) the calling of meetings and the conduct of business at meetings of the Board,

(ii) the selection of members of the executive committee, the Academic Council and the Indigenous Knowledge Holders Council,

(iii) the calling of meetings and the conduct of business at the meetings of the executive committee, the Academic Council and the Indigenous Knowledge Holders Council, and

(iv) any other matters necessary to allow the Board to carry out its powers and duties; provide resources for recreational, athletic or sports programs of Aurora College; on behalf of Aurora College, join and pay fees to educational associations; permit, on such terms and conditions as it considers proper and for such fees as it may determine, education facilities to be used for community purposes; assess the scientific, engineering and technological resources, requirements and potential of the Northwest Territories in relation to the need for scientific, engineering and technological advice to help solve social and economic problems in the Northwest Territories and promote the social and economic goals of the people of the Northwest Territories; initiate such investigations as are necessary to perform the function set out in paragraph (q); recommend research and development programs to help find the solutions for social and economic problems and to aid in achieving social and economic goals; advise the Minister on any matter referred to in paragraphs (q) to (s) and, subject to such confidentiality restrictions as may be placed on the Board by the Minister, publish the results of these assessments, investigations and recommendations; establish a research institute within Aurora College; establish a Research Advisory Council and appoint members to it in the prescribed manner; and do any other thing that may be required for the purpose of Aurora College and is within the mandate set out under subsection 6(1).

Indigenous Knowledge Holders

(2) Bylaws made under subparagraph 16(1)(m)(ii) shall

(a) include criteria for the identification of Indigenous Knowledge Holders that have been developed with input from Indigenous governments; and

(b) require consideration of those criteria in the selection of members of the Indigenous Knowledge Holders Council.

SNWT 2021,c.14,s.7.

Delegation to Research Advisory Council

17.

(1) Repealed, SNWT 2021,c.14,s.8.

Delegation to Research Advisory Council

(2) The Board may, by resolution, delegate any of its powers or duties to a Research Advisory Council and shall specify in the resolution which of its powers and duties are delegated.

Request for advice by Legislative Assembly

(3) The Legislative Assembly may request advice on any matter within the scope of the powers and duties of a Research Advisory Council and may specify to whom and the manner in which the advice is to be provided. SNWT 1994,c.28,s.19; SNWT 2006,c.6,s.19.

Annual report

18.

(1) The Board shall prepare an annual report in accordance with section 50 of the Post-Secondary Education Act.

Fiscal year

(2) The fiscal year of Aurora College is the period beginning July 1 in one year and ending June 30 in the following year.

Audit

(3) The accounts of Aurora College must be audited annually.

Report of auditor

(4) The auditor shall report annually to the Minister on the results of the examination of the auditor of the accounts and financial statements of Aurora College and shall

(a) state whether, in the opinion of the auditor,

(i) the financial statements present fairly the financial position as of the end of the fiscal year and the results of the operations and the changes in financial position for that year in accordance with an appropriate disclosed basis of accounting consistently applied,

(ii) proper books of account have been kept and the financial statements are in agreement with the books of account, and

(iii) the transactions that have come under the notice of the auditor are in accordance with

(A) this Act and the regulations, and

(B) any bylaws of the Board; and

(b) report on any other matter falling within the scope of the examination of the auditor that, in the opinion of the auditor, should be commented on.

SNWT 1994,c.28,s.20; SNWT 2006,c.6, s.20; SNWT 2015,c.13,s.150(6); SNWT 2021,c.14,s.9.

(5) Repealed, SNWT 2021,c.14,s.9.

Heading Repealed

Report to Minister

19.

At the request of the Minister, and in accordance SNWT 2021,c.14,s.10.

with any regulations, Aurora College shall provide the Minister with any reports or other information that the Minister considers necessary to carry out the Minister’s responsibilities respecting Aurora College. SNWT 2021,c.14,s.10.

Academic Council

Academic Council established

20.

(1) The Aurora College Academic Council is SNWT 2021,c.14,s.10.

established.

Purpose

(2) The purpose of the Academic Council is

(a) to promote best practices in the development of academic programs, research programs and associated supports; and

(b) to provide assistance to the Board in continuous quality review of academic programs, research programs and associated supports.

Composition

(3) The Academic Council must be composed of members selected by the Board in accordance with the bylaws.

Powers

(4) The Board may

(a) delegate, by resolution, any of its powers or duties to the Academic Council; and

(b) refer any matter that comes before it to the Academic Council for consideration.

Recommenda- tions

(5) The Academic Council may make recommendations to the Board in respect of

(a) any matter referred to it under paragraph (4)(b); and

(b) any matter before the Board that relates to the purpose of the Academic Council, including

(i) student entrance and graduation requirements,

(ii) student appeal processes,

(iii) program development and review,

(iv) academic awards,

(v) reporting, including the annual report produced under section 18, and

(vi) any policies of Aurora College e s t a b l i s h e d u n d e r paragraph 15(1)(a) that impact the purpose of the Academic Council.

Direction of Board

(6) The Academic Council, in exercising the powers and performing the duties delegated or referred to it by the Board, shall act in accordance with the direction of the Board. SNWT 2021,c.14,s.10; SNWT 2023,c.7,s.4(6),(7).

Indigenous Knowledge Holders Council

Indigenous Knowledge Holders Council established

21.

(1) The Aurora College Indigenous Knowledge SNWT 2021,c.14,s.10.

Holders Council is established.

Purpose

(2) The purpose of the Indigenous Knowledge Holders Council is to promote policies and operational decisions that foster the success of Indigenous students and staff at Aurora College and the overall success of Aurora College.

Composition

(3) The Indigenous Knowledge Holders Council must be composed of members selected by the Board in accordance with the bylaws.

Input from Indigenous governments

(3.1) Prior to selecting members of the Indigenous Knowledge Holders Council, the Board shall seek input from Indigenous governments respecting potential members.

Board considerations

(3.2) The Board shall, when selecting members under subsection (3),

(a) consider any input provided under subsection (3.1); and

(b) make reasonable efforts to ensure that the composition of the Indigenous Knowledge Holders Council reflects the unique and diverse values, histories and people of the Northwest Territories.

Framework

(4) The Indigenous Knowledge Holders Council shall

(a) as directed by the Board, prepare a framework to guide strategic and operational decision-making that supports the purpose of the Indigenous Knowledge Holders Council, and shall submit that framework to the Board for approval; and

(b) monitor the implementation of the approved framework and report to the Board on its implementation.

Powers

(5) The Board may

(a) delegate, by resolution, any of its powers or duties to the Indigenous Knowledge Holders Council; and

(b) refer any matter that comes before it to the Indigenous Knowledge Holders Council for consideration.

Recommenda- tions

(6) The Indigenous Knowledge Holders Council may make recommendations to the Board in respect of

(a) the framework developed under subsection (4) or its implementation;

(b) any matter referred to it under paragraph (5)(b); and

(c) any matter before the Board that relates to the purpose of the Indigenous Knowledge Holders Council, including

(i) success of Indigenous students and staff,

(ii) strategic direction of Aurora College,

(iii) awareness of the culture, traditions and histories of Indigenous peoples,

(iv) program development and review,

(v) operational activities,

(vi) reporting, including the annual report produced under section 18, and

(vii) any policies of Aurora College e s t a b l i s h e d u n d e r paragraph 15(1)(a) that impact the purpose of the Indigenous Knowledge Holders Council.

Direction of Board

(7) The Indigenous Knowledge Holders Council, in exercising the powers and performing the duties delegated or referred to it by the Board, shall act in accordance with the direction of the Board. SNWT 2021,c.14,s.10; SNWT 2023,c.7,s.4(8).

Officers and Employees

Appointment: president

22.

(1) The Board shall appoint the president of SNWT 2021,c.14,s.10.

Aurora College.

Chief executive officer

(2) The president is the chief executive officer of Aurora College.

Public service

(3) The president is an employee in the public service and has the status and responsibility of a deputy head under the Public Service Act.

Direction

(4) The president shall act in accordance with the direction of the Board.

Delegation

(5) The Board may, by resolution, delegate any of its powers or duties to the president. SNWT 2021,c.14,s.10.

Duties of president

23.

(1) The president shall

(a) supervise, administer and direct the operation of Aurora College;

(b) monitor and evaluate the implementation of programs and courses at Aurora College;

(c) ensure the effective and efficient management of the programs and courses of Aurora College;

(d) keep a full and accurate record of the proceedings, transactions and financial affairs of Aurora College;

(e) establish such positions at Aurora College and hire such staff as the president considers appropriate to carry out the purpose of Aurora College;

(f) as requested by the Board, prepare or cause to be prepared proposals with respect to the future needs of Aurora College and submit the proposals to the Board;

(g) provide for student counselling services; and

(h) manage student residences and boarding programs for students.

Delegation

(2) The president may delegate any of their powers or duties to the staff of Aurora College and specify any term or condition governing the exercise of those powers or the performance of those duties. SNWT 2021,c.14,s.10.

Public service

24.

Staff hired under paragraph 23(1)(e) are employees of the public service. SNWT 2021, c.14,s.10.

Student Associations

Establishment of student association

25.

(1) The Board may, by resolution, establish a SNWT 2021,c.14,s.10.

student association for Aurora College and each campus of Aurora College.

Dissolution of student association

(2) The Board may, by resolution, dissolve a student association. SNWT 2021,c.14,s.10.

Student council

26.

(1) A student council is established for each student association.

Student association

(2) A student council shall manage the affairs of the student association. SNWT 2023,c.7,s.4(9).

27.

Repealed, SNWT 2021,c.14,s.10.

Petition

28.

(1) One or more students of Aurora College may petition the Board on any matter that affects them by submitting a written petition to the member of the Board appointed to represent the student council or councils.

Petition presented to Board

(2) The member of the Board referred to in subsection (1) shall present the petition to the Board at its next meeting. SNWT 1994,c.28,s.30; SNWT 2006,c.6,s.27.

Investigation

29.

(1) The Minister may, in writing, appoint a person to examine and inspect the financial or administrative situation of Aurora College, or any matter connected with the management, administration or operation of Aurora College, other than a matter referred to in section 7.1.

Powers

(2) The person appointed under subsection (1) may examine, inspect and take copies of all books of record and account, all bank books, all electronically stored information, and any other papers, documents or things in the possession of Aurora College excluding any records of students.

Inquiries

(3) The person appointed under subsection (1) may, during the examination and inspection,

(a) make any inquiries that the person thinks fit; and

(b) require and take evidence on oath or affirmation.

Access to books, information, papers and documents

(4) A person having custody of the books, information, papers, documents or things referred to in subsection (2) shall make them available to the person appointed under subsection (1) at such time as the person appointed requests.

Report to Minister

(5) The person appointed under subsection (1) shall report, in writing, to the Minister the examination or inspection. SNWT 1994,c.28, s.31; SNWT 2006, c.6,s.28; SNWT 2021,c.14,s.11.

Power of Minister

30.

On receipt of the report referred to in subsection 29(5), the Minister may make any order that the Minister thinks fit.

Administrator

Administrator

31.

(1) Where, in the opinion of the Minister it is in the public interest to do so, the Minister may appoint an administrator for Aurora College.

Remuneration and expenses

(2) The administrator shall be paid the remuneration and shall be reimbursed for the expenses that the Minister specifies.

Effect of appointment of administrator

(3) On the appointment of an administrator, the appointments of the members of the Board shall be deemed to be revoked.

Term

(4) The administrator shall hold office until members of the Board are appointed. SNWT 1994,c.28,s.32; SNWT 2006,c.6,s.29.

Powers and duties

32.

An administrator may exercise the powers and shall perform the duties of the Board and of the president, where the office of president is or becomes vacant, in accordance with the direction of the Minister.

References to Board and president

33.

(1) Where an administrator is appointed, a reference in this Act or the regulations to the Board or the president, where the office of president is vacant, shall be read as a reference to the administrator.

Petition to administrator

(2) Where an administrator is appointed, a petition made under subsection 28(1) must be transmitted to the administrator.

REGULATIONS

Regulations made by Commissioner

34.

The Commissioner in Executive Council may make regulations

(a) prescribing the form and necessary content of a mandate under section 6;

(b) prescribing the form and content of reports and information provided to the Minister under section 19; and

(c) prescribing the method for the appointment of members to a Research Advisory Council.

SNWT 2021,c.14,s.12.

Regulations made by

35.

The Minister may make regulations

(a) prescribing staff as non-instructional staff;

(b) prescribing competencies for Board members;

(c) prescribing the remuneration that shall be paid to the members of the Board and the expenses for which a member shall be reimbursed; and

(d) for carrying out the purposes and provisions of this Act.

SNWT 2021,c.14,s.12.