Acts and Regulations

2011, c.101 - Adult Education and Training Act

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Document at 10 January 2012
2011, c.101
Adult Education and Training Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Department” means the Department of Post-Secondary Education, Training and Labour. (ministère)
“institution” means an institution established or operated under this Act. (établissement)
“Minister” means the Minister of Post-Secondary Education, Training and Labour. (ministre)
“prescribed training services” means the training services that are prescribed as training services by the Board of Management. (services de formation prescrits)
1980, c.N-4.01, s.1; 1983, c.57, s.1; 1986, c.59, s.1; 1988, c.27, s.2; 1992, c.2, s.3; 1992, c.91, s.1; 1998, c.41, s.3; 2000, c.26, s.6; 2006, c.16, s.6; 2007, c.10, s.6
Administration
2The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
1980, c.N-4.01, s.2
Duties of Minister
3(1)The Minister
(a) shall determine the appropriate patterns of development of post-secondary non-university education in New Brunswick;
(b) shall coordinate the development of programs of post-secondary non-university education in New Brunswick;
(c) shall establish and operate the institution named “New Brunswick College of Craft and Design” for the offering of post-secondary non-university programmes;
(d) may, alone or in cooperation with one or more organizations, establish and operate institutions, other than those referred to in paragraph (1)(c), for the offering of post-secondary non-university programs;
(e) may, alone or in cooperation with one or more organizations, operate the institutions prescribed by regulation for the offering of post-secondary non-university programs;
(f) may subsidize the operation of a post-secondary non-university program that is offered by an organization other than the Department;
(g) shall determine the official language of each institution;
(h) shall establish policies with respect to
(i) the post-secondary non-university programs to be offered by the Department,
(ii) the provision of post-secondary non-university programs by the Department according to the needs of the population within the Province,
(iii) the admission requirements for the post-secondary non-university programs offered by the Department, and
(iv) the certificates or diplomas to be awarded by the Department for successful completion of the programs offered by the Department;
(i) shall establish fees to be charged for the programs offered by the Department;
(j) shall maintain liaison with other educational institutions; and
(k) shall publish reports and studies as the Minister sees fit.
3(2)Despite paragraph (1)(g), the Minister may use the facilities of an institution for the purpose of providing post‑secondary non-university programs in the official language which is not the official language of the institution.
3(3)The Minister may make rules or regulations with respect to any matter referred to in subsection (1).
3(4)The Minister may enter into contracts with a municipality, the Government of Canada or any other government or person for any purpose within the scope of this Act.
3(5)Money earned under a contract entered into by the Minister under this section for prescribed training services shall be credited to the Training Services Account.
1980, c.N-4.01, s.3; 1983, c.57, s.2; 1988, c.27, s.3; 1992, c.91, s.2; 2010, c.N-4.05, s.55
Training Services Account
4(1)There is established an account called the Training Services Account.
4(2)The Minister shall be the custodian of the Training Services Account and the Training Services Account shall be held in trust by the Minister.
4(3)The Training Services Account shall be held for the purposes of this section in a separate account in the Consolidated Fund.
4(4)The purpose of the Training Services Account is to provide funding for the expeditious response by the Minister for requests for prescribed training services.
4(5)The assets of the Training Services Account shall be used to provide prescribed training services.
4(6)Payments for the purposes of subsection (4) are a charge on and payable out of the Training Services Account.
4(7)Despite the Financial Administration Act but subject to a maximum amount set by the Board of Management, the Comptroller may for the purposes of subsection (4) make payments out of the Consolidated Fund.
4(8)When the revenue in the Training Services Account exceeds the expenditures made for the purposes of the Training Services Account, the excess revenue shall, subject to paragraph (10)(a), be paid into the Consolidated Fund.
4(9)When expenditures out of the Training Services Account exceed revenue earned at the end of the fiscal year, the excess expenditure shall be charged to an ordinary account appropriation.
4(10)The Board of Management
(a) may authorize the Minister to retain revenue in the Training Services Account, and
(b) shall prescribe the time by which excess revenue is to be deposited into the Consolidated Fund.
1992, c.91, s.3
Order prescribing training services
5(1)The Board of Management may by order prescribe training services for the purposes of this Act.
5(2)The Regulations Act does not apply to an order made by the Board of Management under subsection (1).
1992, c.91, s.3
Acquisition of funds by Minister
6Despite the Financial Administration Act and subject to the approval of the Lieutenant-Governor in Council, the Minister may acquire funds for purposes of this Act by gift, donation, bequest or otherwise and may hold and apply those funds to any of the purposes of this Act, including the payment of grants, the awarding of scholarships and the provision of other financial assistance to students, and may invest those funds in securities authorized by the Trustees Act as investments in which trustees or executors may invest money.
1980, c.N-4.01, s.4
Powers of Minister respecting lands and buildings
7(1)Subject to the approval of the Lieutenant-Governor in Council, for the purposes of offering and administering programs of post-secondary non-university education under this Act, the Minister may
(a) purchase or accept gifts of lands or buildings, and
(b) construct buildings.
7(2)The Minister may enter into a lease for the rental of facilities as required for the purposes of offering and administering programs of post-secondary non-university education under this Act.
7(3)Subject to the approval of the Lieutenant-Governor in Council, the Minister may grant a lease or, by deed of conveyance executed under the Minister’s hand and the Great Seal of the Province, sell or dispose of any lands or buildings acquired under this Act, or any interest in them, and shall deposit the proceeds of any lease or conveyance under this Act in the Consolidated Fund.
1980, c.N-4.01, s.5; 1983, c.57, s.3; 1991, c.11, s.1
Advisory committees
8The Minister may establish advisory committees that the Minister considers necessary for the better administration of this Act.
1980, c.N-4.01, s.6
Regulations
9The Lieutenant-Governor in Council may make regulations generally for the better administration of this Act.
1980, c.N-4.01, s.13; 1983, c.57, s.10; 1986, c.59, s.3