BILL NO. 74

(as introduced)

2nd Session, 59th General Assembly
Nova Scotia
55 Elizabeth II, 2006

Government Bill

Degree Granting Act
(amended)

The Honourable Jamie Muir
Minister of Education

First Reading: May 10, 2006

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1

(a) removes the definition of "advertise";

(b) updates the name of the Minister of Education; and

(c) adds a definition of "public institution".

Clause 2

(a) adds that only public institutions authorized by an Act of a legislature may be authorized to grant degrees;

(b) changes institution "designated" to "authorized"; and

(c) repeals certain requirements for an institution to be able to grant degrees.

Clause 3 changes "designate" or "designation" to "authorize" or "authorization" and changes "he" to "Governor in Council" in Section 4 of the Act.

Clause 4 provides regulation-making power

(a) setting out the application process for authorization for an institution to grant a degree;

(b) respecting the process to review the finances and quality of an institution applying for authorization to grant a degree;

(c) respecting the revocation and re-instatement of an authorization to grant a degree;

(d) setting standards of quality for institutions authorized to grant a degree;

(e) setting terms and conditions on an authorization to grant a degree;

(f) allowing for the delegation of duties in the regulations to third parties; and

(g) prescribing fees.

Clause 5 provides that this Act comes into force on proclamation.

(a) repealing clause (a);

(b) striking out "Advanced" in the first line and "and Job Training" in the second line of clause (d);

(c) striking out the period at the end of clause (d) and substituting a semicolon; and

(d) adding immediately after clause (d) the following clause:

(e) "public institution" means an institution that receives regular education-related operating funding from government.

2 Section 3 of Chapter 123 is amended by

(a) adding "a public institution" immediately after "is" in the first line of clause (f);

(b) striking out

(i) "designated" in the first line of clause (g) and substituting "authorized", and

(ii) the semicolon at the end of the second line of clause (g) and substituting a period; and

(c) striking out clauses (h) to (j).

3 (1) Subsection 4(1) of Chapter 123 is amended by striking out "designate" in the first line and substituting "authorize".

(2) Subsection 4(2) of Chapter 123 is amended by

(a) striking out "a designation" in the first and second lines and substituting "an authorization"; and

(b) striking out "he" in the second line and substituting "the Governor in Council".

4 Chapter 123 is further amended by adding immediately after Section 7 the following Section:

8 (1) The Minister may make regulations

(a) respecting the process for application by an institution for authorization to grant a degree and the renewal of an application for authorization to grant a degree;

(b) respecting the process for the revocation and re-instatement of an authorization of an institution to grant a degree under this Act;

(c) respecting the terms and conditions of an authorization to grant a degree;

(d) establishing a process for the financial review of institutions applying for authority to grant a degree or authorized to grant a degree under this Act;

(e) establishing a process to review the quality of programs, instructors, facilities and academic standards of an institution applying for authority to grant a degree or authorized to grant a degree under this Act;

(f) respecting financial standards of institutions applying for authority to grant a degree or authorized to grant a degree under this Act;

(g) respecting educational standards of institutions applying for authorization to grant a degree or authorized to grant a degree under this Act, including standards for the quality of programs, instructors, facilities and academic standards;

(h) delegating any of the duties set out in the regulations to a third party;

(i) prescribing fees;

(j) respecting appeals;

(k) defining any word or expression used but not defined in this Act;

(l) respecting any matter the Minister determines necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.