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1The following definitions apply in this Act.

“Chair” means the Chair of the Commission appointed under subsection 9(2). (président)

“Chief Executive Officer” means the Chief Executive Officer of the Commission appointed under subsection 10(1). (directeur général)

“Commission” means the Maritime Provinces Higher Education Commission continued under section 2. (Commission)

“Council” means the Council of Maritime Premiers established under the Council of Maritime Premiers Act. (Conseil)

“institutions” means the post-secondary educational institutions prescribed by regulation for the purposes of this definition. (établissements)

“Ministers” means the ministers responsible for post-secondary education in the Provinces. (ministres)

“post-secondary education” means the education and training provided in or by institutions and “higher education” has a corresponding meaning. (enseignement postsecondaire) et (enseignement supérieur)

“Provinces” means the Province of New Brunswick, the Province of Nova Scotia and the Province of Prince Edward Island. (provinces)

“region” means the area comprising the Province of New Brunswick, the Province of Nova Scotia and the Province of Prince Edward Island. (région)

“student” means an individual registered as a student in an institution. (étudiant)

“universities” means the post-secondary educational institutions prescribed by regulation for the purposes of this definition. (universités)

2003, c.M-2.5, s.1

Commission

2(1)The body established by the Council and called the Maritime Provinces Higher Education Commission is continued.

2(2)The Commission shall consist of

(a) twenty members appointed by the Ministers as set out in section 3, and

(b) the Chief Executive Officer.

2003, c.M-2.5, s.2

Membership

3(1)The Ministers shall, for the purposes of paragraph 2(2)(a), appoint members as follows:

(a) at least six from among the nominees submitted under section 4;

(b) at least six from among senior public officials and the executive heads of non-university institutions; and

(c) at least six from the public at large, of whom at least two shall be students.

3(2)At least one of the members appointed under each of paragraphs (1)(a), (b) and (c) shall be selected from each of the Provinces.

3(3)No two persons appointed under paragraph (1)(a) may be selected from the same university.

2003, c.M-2.5, s.3

Nominating committee and filling of vacancies

4(1)There shall be a nominating committee consisting of

(a) the executive heads of the universities, and

(b) one representative appointed by the Senate or equivalent academic body of each university.

4(2)The nominating committee shall nominate persons for appointment under paragraph 3(1)(a) and subsections (3) and (4).

4(3)If a vacancy occurs among the members appointed under paragraph 3(1)(a), the nominating committee shall submit to the Minister of the province from which the member to be replaced was appointed the names of two persons selected from that Minister’s province, and, subject to section 3, that Minister shall appoint one of those persons to fill the vacancy for the balance of the term of the member replaced.

4(4)At least 60 days before the expiration of the term of a member appointed under paragraph 3(1)(a) or under subsection (3) the nominating committee shall submit to the Minister of the province from which the member to be replaced was appointed the names of two persons from that Minister’s province, and, subject to section 3, that Minister shall appoint one of those persons to take office on the expiration of the term.

2003, c.M-2.5, s.4

Filling of other vacancies

5If a vacancy occurs among the members appointed under paragraph 3(1)(b) or (c), subject to section 3, the Minister of the province from which the member to be replaced was appointed may appoint a person to fill the vacancy

(a) for the balance of the unexpired term of the member replaced, or

(b) for a new term if the vacancy resulted from the expiration of a term.

2003, c.M-2.5, s.5

Effect of vacancies

6A vacancy in the membership of the Commission shall not impair the right of the remaining members to act so long as at least 11 members, excluding the Chief Executive Officer but including at least three members selected from each of the Provinces, hold office.

2003, c.M-2.5, s.6

Term of office

7(1)Subject to subsection 4(3) and paragraph 5(a), a member of the Commission referred to in paragraph 2(2)(a) shall hold office for three years from the date of appointment or such lesser period as may be specified in the appointment.

7(2)Despite subsection (1), a member of the Commission referred to in paragraph 2(2)(a) remains in office until the member resigns or is reappointed or replaced.

7(3)On the expiration of the member’s term of office, a member of the Commission referred to in paragraph 2(2)(a) is eligible for reappointment to the Commission.

2003, c.M-2.5, s.7

Remuneration of members

8Members of the Commission shall be paid the remuneration that, with the approval of the Ministers, may be determined by the Commission and the actual and reasonable expenses that are incurred by them in the discharge of their duties.

2003, c.M-2.5, s.8

Chair

9(1)The position of Chair shall rotate, in turn, among the Provinces in the following order: Province of New Brunswick; Province of Prince Edward Island; Province of Nova Scotia.

9(2)In the order of the Provinces set out in subsection (1), each of the Ministers shall appoint, in turn, from among the members of the Commission selected from the Minister’s province, a Chair of the Commission.

9(3)The Chair shall hold office as chair for a term of two years, or until the expiry of his or her office as a member of the Commission, whichever occurs first.

9(4)Despite subsection (3), the Chair remains in office as chair until he or she resigns or is replaced.

2003, c.M-2.5, s.9

Chief Executive Officer

10(1)On the recommendation of the Commission, the Ministers shall appoint a Chief Executive Officer of the Commission.

10(2)Subject to the direction of the Commission, the Chief Executive Officer is charged with the general direction, supervision and control of the business of the Commission and may exercise any other powers that may be conferred on the Chief Executive Officer by the Commission.

10(3)The Chief Executive Officer shall serve as a full-time employee of the Commission.

10(4)The Chief Executive Officer is, by virtue of the office, a non-voting member of the Commission.

2003, c.M-2.5, s.10

Duties

11(1)In carrying out its duties, the Commission shall give first consideration to improving and maintaining the best possible service to students as lifelong learners by

(a) taking measures intended to ensure that programs of study are of optimum length and best quality,

(b) stressing prior learning assessment and recognition, and credit transfer, to implement the principle that duplication of effort is not required in order to gain credit for learning which has been successfully accomplished,

(c) promoting smooth transitions between learning and work,

(d) promoting equitable and adequate access to learning opportunities, including making those opportunities available at times and places convenient to the student, and

(e) taking measures intended to ensure teaching quality.

11(2)The Commission has the following principal duties:

(a) to undertake measures intended to ensure continuous improvement in the quality of academic programs and of teaching at institutions, which may include the review of institutional programs and practices for assuring that improvement and making recommendations to institutions and the Provinces;

(b) to ensure that data and information is collected, maintained and made available for assuring the public accountability of institutions, and to assist institutions and the Provinces in their work, which may include but is not limited to

(i) establishing data and system standards,

(ii) establishing public reporting requirements and producing public reports, and

(iii) carrying out studies in regard to public policy, institutional concerns and issues related to post-secondary education, and providing advice to institutions and the Provinces on these matters;

(c) to take initiatives to stimulate cooperative action among institutions and the Provinces if that action is likely to improve the efficiency and effectiveness of the post-secondary education system in the Provinces, which may include but is not limited to

(i) encouraging initiatives for institutions to offer joint, complementary and regional programs, and

(ii) encouraging administrative, financial and common service arrangements which reduce the overhead cost of programs and the overall cost to students and the Provinces;

(d) to continue to develop and administer funding transfers among the Provinces for regional programs, which may include developing and administering funding arrangements for programs outside the region, as required to provide additional educational opportunities for students from the region; and

(e) to undertake any other duties that the Ministers may assign.

11(3)The Commission may

(a) provide the services and functions that may be agreed on by the Ministers to one or more institutions or to one or more of the Provinces,

(b) provide the advice and services that may be agreed on by the Ministers to one or more of the Provinces to determine their post-secondary education funding policy, and

(c) recommend to the Ministers the names of post-secondary educational institutions that may be added to or deleted from those prescribed by regulation for the purposes of the definitions “institutions” and “universities” in section 1.

2003, c.M-2.5, s.11

Powers

12(1)The Commission has all the powers that are necessary for and ancillary to the proper performance of its duties, including but not limited to the following powers:

(a) to engage staff;

(b) to establish advisory committees;

(c) to enter into contracts if and to the extent that funds have been made available for that purpose; and

(d) to require the timely provision of data and information from institutions.

12(2)Subject to this Act, the Commission may make by-laws respecting its internal organization and the conduct of its business and may include in those by-laws provision for the election or designation of a vice-chair of the Commission to act in the absence or disability of the Chair or when the office of Chair is vacant.

12(3)The Regulations Act does not apply to by-laws under subsection (2).

2003, c.M-2.5, s.12

Confidentiality

13(1)All data received by the Commission from institutions or any other source is confidential and shall not be disclosed except as provided in this section.

13(2)Subject to subsection (3), the Commission may disclose, in aggregate form, data received by the Commission from institutions or any other source.

13(3)For the purposes of ensuring the protection of personal information, before disclosing data received by the Commission from institutions or any other source, the Commission shall remove any portion that would reveal personal information concerning any person.

2003, c.M-2.5, s.13

Meetings

14The Commission shall meet at least four times each year at the call of the Chair.

2003, c.M-2.5, s.14

Quorum

15Subject to section 6, a majority of the members holding office, excluding the Chief Executive Officer, shall constitute a quorum for the purpose of conducting a meeting provided that at least two members appointed from each of the Provinces are present at the meeting.

2003, c.M-2.5, s.15

Accountability

16The Commission is accountable to the Ministers.

2003, c.M-2.5, s.16

Funding policies

17(1)The determination of public funding levels for institutions is the sole responsibility of the Provinces.

17(2)When requested to do so by the Ministers, the Commission shall provide advice or services to the Ministers for determining post-secondary education funding policies and allocations.

2003, c.M-2.5, s.17

Fiscal year and annual report

18(1)The fiscal year of the Commission shall commence on April 1 in each year and end on March 31 in the year next following.

18(2)The accounts of the Commission shall be audited in accordance with the procedure adopted for auditing the accounts of the Council.

18(3)Within six months after the end of each fiscal year, the Commission shall submit to the Ministers and the Council a report containing

(a) a review of the Commission’s activities during that fiscal year,

(b) statements and recommendations regarding those matters in the field of post-secondary education in the region that the Commission considers advisable, and

(c) the audited financial statements of the Commission for that fiscal year.

18(4)The annual report of the Commission shall be tabled in the Legislature as soon as is practicable after receipt by the Ministers.

2003, c.M-2.5, s.18

Immunity

19No action or other proceeding lies against the Province, the Commission or a member or employee of the Commission for an act done in good faith in the execution or intended execution of a duty or power under this Act or for an alleged neglect or default in the execution in good faith of such a duty or power.

2003, c.M-2.5, s.19

Regulations

20The Lieutenant-Governor in Council may make regulations

(a) prescribing post-secondary educational institutions for the purposes of the definition “institutions” in section 1;

(b) prescribing post-secondary educational institutions for the purposes of the definition “universities” in section 1.

2003, c.M-2.5, s.20

2011, c.187 - Maritime Provinces Higher Education Commission Act

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