Acts and Regulations

2001-9 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2001-9
under the
Degree Granting Act
(O.C. 2001-85)
Filed March 1, 2001
Under section 11 of the Degree Granting Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Degree Granting Act.
Definition
2In this Regulation
“Act” means the Degree Granting Act;(Loi)
“curricular structure” means the curriculum and the organization of that curriculum into courses for delivery.(programmes structurés)
Requirements to be met by educational institution
2025, c.4, s.2
3(1)If an educational institution applies to the Minister under subsection 2(1.1) of the Act, the educational institution shall meet the following requirements:
(a) for each program offered by the educational institution,
(i) there are clearly defined objectives, learner outcomes and curricular structure, and
(ii) the appropriate degree credential will be awarded to graduates of the program;
(b) the educational institution has
(i) sufficient financial resources available to support the delivery of each program offered,
(ii) sufficient human and physical resources available or retained in New Brunswick to support the delivery of each program offered,
(iii) an adequate business plan with realistic cost and revenue projections to cover a five year period, and
(iv) appropriate and sufficient services in place to support learner success;
(c) when supplying programs related to a particular industry, the educational institution has in place an advisory group of employers and practitioners from within the industry to provide advice on program design and marketplace requirements;
(d) the educational institution provides for the involvement of peers and experts external to the institution in the development of each program offered by the institution;
(e) the educational institution provides its academic staff with the time and institutional support to engage in academic inquiry and research; and
(f) the educational institution adheres to the principles of academic freedom.
3(2)An educational institution referred to in subsection (1) shall undergo a program assessment audit with respect to the requirements under subsection (1).
3(3)If an educational institution applies to the Minister under subsection 3.1(1) of the Act, the educational institution shall meet the requirements under subsection (1) with respect to the additional programs of post-secondary study.
2025, c.4, s.2
Application to Minister
2025, c.4, s.2
4(1)An application under paragraph 2(1.1)(a) of the Act shall be made to the Minister on a form provided by the Minister and shall be accompanied by a program assessment audit referred to in section 3 and the fee set out in section 11.
4(2)With respect to an application under paragraph 2(1.1)(a) of the Act, if the Minister is satisfied that the educational institution meets the requirements set out in section 3, the Minister shall so advise the Lieutenant-Governor in Council or the Legislature, as the case may be.
4(3)An application under subsection 3.1(1) of the Act shall be made to the Minister on a form provided by the Minister.
2025, c.4, s.2
Term of designation
5A designation under section 3 of the Act shall be for a term of ten years and may be renewed for subsequent terms of ten years.
Periodic program assessment audits
6(1)An educational institution that has been designated by the Lieutenant-Governor in Council under subsection 3(1) of the Act or whose designation has been renewed shall undergo a program assessment audit with respect to the requirements set out in section 3 every five years after the initial program assessment audit leading to its designation or renewal of designation.
6(2)An educational institution that is authorized by an Act of the Legislature to grant degrees shall undergo a program assessment audit every five years after the initial program assessment audit.
6(3)An educational institution shall forward a copy of the program assessment audit referred to in subsection (1) or (2) to the Minister within thirty days after it has received the audit from the body who conducted the audit.
2025, c.4, s.2
Renewal of designation
7(1)An educational institution shall apply to the Minister for renewal of a designation on a form provided by the Minister at least two months before the expiration of the current designation.
7(2)A designation shall not be renewed unless the educational institution submits, with the application for renewal, a program assessment audit with respect to the requirements set out in section 3 and the fee set out in section 11.
7(3)Where the Minister is satisfied that the educational institution meets the requirements set out in section 3, the Minister may recommend to the Lieutenant-Governor in Council that the designation be renewed, and the Lieutenant-Governor in Council may renew the designation.
2025, c.4, s.2
Revocation of designation
8The Lieutenant-Governor in Council may, on the recommendation of the Minister, revoke a designation if the educational institution, in the opinion of the Minister,
(a) no longer meets or is unwilling to meet the requirements for designation,
(b) fails or refuses to undergo a program assessment audit, or
(c) fails or refuses to comply with any term or condition attached to the designation.
2025, c.4, s.2
Reinstatement of designation
9(1)An educational institution that wishes to reinstate a designation shall apply to the Minister on a form provided by the Minister.
9(2)An application for reinstatement of a designation shall not be made sooner than one year after the designation has been revoked.
9(3)A designation that has been revoked shall not be reinstated unless the educational institution submits, with the application for reinstatement, a program assessment audit with respect to the requirements set out in section 3 and the fee set out in section 11.
9(4)Where the Minister is satisfied that an educational institution meets the requirements in section 3, the Minister may recommend to the Lieutenant-Governor in Council that the designation be reinstated, and the Lieutenant-Governor in Council may reinstate the designation.
2025, c.4, s.2
Performance of program assessment audits
10All program assessment audits under this Regulation shall be performed by the Maritime Provinces Higher Education Commission or such other body as the Minister may approve.
2025, c.4, s.2
Fees
11The fee for an application, renewal or reinstatement of a designation is $250.00.
Commencement
12This Regulation comes into force on March 1, 2001.
N.B. This Regulation is consolidated to June 6, 2025.