BILL NO. 5

(as passed, with amendments)

1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006

Government Bill

Degree Granting Act
(amended)

CHAPTER 26 OF THE ACTS OF 2006

The Honourable Karen Casey
Minister of Education

First Reading: June 30, 2006 (LINK TO BILL AS INTRODUCED)

Second Reading: November 10, 2006

Third Reading: November 23, 2006 (WITH COMMITTEE AMENDMENTS)

Royal Assent: November 23, 2006

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 123 of the Revised Statutes, 1989, the Degree Granting Act, is amended by

(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 (1) Subsection 6(1) of Chapter 123 is amended by striking out "two" in the third last line and substituting "twenty".

(2) Subsection 6(2) of Chapter 123 is amended by striking out "twenty-five" in the last two lines and substituting "two hundred and fifty".

5 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 authorization 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 authorization to grant a degree or authorized to grant a degree under this Act;

(f) respecting financial standards of institutions applying for authorization 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.