Post-Secondary Education General Regulations

Regulation
Regulation under the Post-secondary Education Act
Registration
R-073-2022
Source
Unofficial consolidation PDF (justice.gov.nt.ca) consolidation downloaded Jun 6, 2026
Under
Post-secondary Education Act

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.

Interpretation

1.

In these regulations,

"academic year" means a 12-month period recognized by a post-secondary institution as a distinct period for a program of study at the post-secondary institution; (année scolaire)

"date of establishment" means,

(a) with respect to a private college or public post-secondary institution, the day that private college or public post-secondary institution is established under an Act of the Legislative Assembly; and

(b) with respect to a university that is not a public post-secondary institution, the day the Minister consents to or authorizes the establishment or operation of the university; and (date d’établissement)

"tuition fees" means all mandatory instructional fees to be paid by students enrolled in a program of study at a post-secondary institution. (frais de scolarité)

Approval of Tuition Fees

2.

(1) The Board or other governing body of a public post-secondary institution shall, within 60 days after the institution s date of establishment, apply to the Minister for approval of the institution’s proposed tuition fees.

(2) Where a public post-secondary institution intends to offer a new program of study, the Board or other governing body of the institution shall apply to the Minister for approval of the institution’s proposed tuition fees for that program of study.

(3) An application made under subsection (2) must be made at least 60 days before the start of the applicable academic year.

(4) Upon receipt of an application under subsection (1) or subsection (2), the Minister may

(a) approve the application as submitted;

(b) deny the application; or

(c) approve the application subject to any terms and conditions that the Minister considers appropriate.

(5) Where the Minister denies an application under paragraph (4)(b), or approves an application under paragraph (4)(c) subject to any terms and conditions the Minister considers appropriate, the Minister shall provide the applicant with written reasons for the decision within 30 days from the day the application was filed.

Increasing Tuition Fees

3.

No public post-secondary institution may increase its tuition fees for a program of study more than once per academic year.

4.

(1) In this section, "Consumer Price Index" means the annual average all-items Consumer Price Index for Canada as published by Statistics Canada under the authority of the Statistics Act (Canada).

(2) A public post-secondary institution may, once per academic year, apply to the Minister for permission to increase its tuition fees for a program of study by not more than the lesser of

(a) the change in the Consumer Price Index between the previous calendar year and the calendar year previous to that year plus 2.5%; and

(b) 10%.

(3) Upon receipt of an application under subsection (1), the Minister may

(a) approve the application as submitted;

(b) deny the application; or

(c) approve the application subject to any terms and conditions that the Minister considers appropriate.

(4) Where the Minister denies an application under paragraph (3)(b), or approves an application under paragraph (3)(c) subject to any terms and conditions the Minister considers appropriate, the Minister shall provide the applicant with written reasons for the decision within 30 days from the day the application was filed.

5.

(1) In this section, "exceptional tuition fee increase" means a tuition fee increase for a program of study in excess of the amount permitted by subsection 4(2).

(2) Subject to subsection (3), a public post-secondary institution may apply to the Minister for an exceptional tuition fee increase after the first academic year for the program of study has begun.

(3) No application for an exceptional tuition fee increase may be made until at least five years have passed since the effective date of the public post-secondary institution’s last exceptional tuition fee increase, if any.

(4) Upon receipt of an application under subsection (2), the Minister may

(a) approve the application as submitted;

(b) deny the application; or

(c) approve the application subject to any terms and conditions that the Minister considers appropriate.

(5) Where the Minister denies an application under paragraph (4)(b), or approves an application under paragraph (4)(c) subject to any terms and conditions the Minister considers appropriate, the Minister shall provide the applicant with written reasons for the decision within 30 days from the day the application was filed.

6.

Where a tuition fee increase is approved under section 4 or 5, the tuition fee increase may not be made effective until the following academic year.

Program Evaluations

7.

(1) Each of the following post-secondary institutions shall carry out an internal evaluation of its programs of study under paragraph 44(a) of the Act at least once every five years following the institution’s date of establishment:

(a) public post-secondary institutions;

(b) private colleges;

(c) any institution referred to in paragraph (c) of the definition "post-secondary institution" in section 1 of the Act.

(2) Within 30 days following of the completion of an evaluation under subsection (1), the post-secondary institution’s Board or other governing body shall submit its findings in writing to the Minister.

8.

Each of the following post-secondary institutions shall, under paragraph 44(b) of the Act, evaluate its programs of study and services offered at least once every five years following the post-secondary institution’s date of establishment:

(a) public post-secondary institutions;

(b) private colleges;

(c) any institution referred to in paragraph (c) of the definition "post-secondary institution" in section 1 of the Act.

Audits

9.

(1) For the purposes of this section, the appropriate quality assurance body for a post-secondary institution is set out in the Colleges, Degree Granting and Universities Regulations.

(2) The Minister may refer a post-secondary institution to the appropriate quality assurance body for a program assessment or institutional audit under section 46 of the Act where the Minister has reason to believe that

(a) the Minister’s consent or authorization to the establishment or operation of the institution was issued based on false or misleading information;

(b) the institution has been offering programs which are not included in its authorization or certificate of registration;

(c) the institution has become insolvent;

(d) the institution has not been complying with

(i) the Act,

(ii) the regulations, or

(iii) any terms or conditions attached to the institution’s authorization or certificate of registration; or

(e) an audit is necessary to protect the interests of students enrolled at the institution.

Information Sharing Agreements

10.

An agreement referred to in section 58 of the Act must contain a provision prohibiting disclosure of a student’s personal information, as defined in section 54 of the Act, where the disclosure would be an unreasonable invasion of the student’s personal privacy.

Notice

11.

(1) Service of a notice or decision under these regulations may be effected on a person by

(a) personal delivery;

(b) fax, if the person has a means of receiving a fax;

(c) email, if the person has a means of receiving an email; or

(d) ordinary mail.

(2) Receipt of service is deemed to occur under subsection (1),

(a) on the day of personal delivery;

(b) on the second day after the notice or decision is sent by fax;

(c) on the second day after the notice or decision is sent by email; or

(d) on the sixth day after the notice or decision is mailed.

Reconsideration

12.

(1) Where a public post-secondary institution disagrees with the Minister’s written reasons for a decision under section 2, 4 or 5, the institution may, within 10 days of receiving the Minister’s written reasons for decision, apply to the Minister for a reconsideration of the application.

(2) An application filed under subsection (1) must be accompanied by the public post-secondary institution’s written representations in support of the application.

13.

These regulations come into force December 16, 2022.

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