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CHAPTER 123

OF THE

REVISED STATUTES, 1989

amended 2006, c. 26

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Regulate
the Granting of Degrees

Short title

รวมเกมส์ 1 This Act may be cited as the Degree Granting Act. R.S., c. 123, s. 1.

Interpretation

2 In this Act,

(a) repealed 2006, c. 26, s. 1.

(b) "degree" means any recognition in writing of academic achievement which is called a degree, and includes the degrees of bachelor, master and doctorate;

(c) "institution" means a person who

รวมเกมส์and includes a natural person, an association of natural persons, a partnership or a corporation that carries on any activity referred to in subclauses (i) to (iii);

(d) "Minister" means the Minister of Education;

(e) "public institution" means an institution that receives regular education-related operating funding from government. R.S., c. 123, s. 2; 2006, c. 26, s. 1.

Authority to grant degrees

3 No institution shall directly or indirectly

(a) grant degrees;

(b) provide a program of post-secondary study leading to a degree conferred by an institution in or outside the Province;

(c) advertise a program of post-secondary study offered in the Province leading to a degree conferred by an institution in or outside the Province; or

(d) sell, offer for sale, or provide by agreement for a fee, reward or other remuneration, a diploma, certificate, document or other material that is, or indicates or implies the granting or conferring of, a degree,

unless the institution

(e) is authorized by an Act of the Legislature to grant degrees;

(f) is a public institution authorized by an Act of a legislature of a province to grant degrees;

(g) is an institution authorized by the Governor in Council.

(h) to (j) repealed 2006, c. 26, s. 2.

R.S., c. 123, s. 3; 2006, c. 26, s. 2.

Authorization by Governor in Council

4 (1) The Governor in Council may authorize a degree-granting institution for the purposes of this Act.

(2) The Governor in Council may attach to an authorization such terms and conditions as the Governor in Council considers proper to give effect to the intent of this Act.

(3) The exercise of the authority contained in this Section shall be regulations within the meaning of the Regulations Act. R.S., c. 123, s. 4; 2006, c. 26, s. 3.

Right of entry and inspection

5 (1) Where the Minister has reasonable and probable grounds to believe that an institution has contravened any of the provisions of this Act or the regulations, an inspector designated by the Minister in writing may at any reasonable time enter upon the premises of that institution to make an inspection for the purpose of determining whether or not the institution is in contravention of this Act or the regulations.

(2) Upon an inspection under subsection (1), the inspector

(a) is entitled to free access to all books of account, cash, documents, bank accounts, vouchers, correspondence and records of the institution being inspected that are relevant for the purposes of the inspection; and

(b) may, upon giving a receipt therefor, remove any material referred to in clause (a) that relates to the purpose of the inspection for the purpose of making a copy thereof, in which case the inspector shall make a copy with dispatch and return the material promptly thereafter to the institution being inspected,

and no person shall obstruct the inspector in his inspection, withhold or destroy, conceal or refuse to furnish any information or thing required by the inspector for the purposes of the inspection.

(3) A copy made as provided in subsection (2) and purporting to be certified by an inspector is admissible in evidence in any proceeding as prima facie proof of the original. R.S., c. 123, s. 5.

Offence

6 (1) Every institution which

(a) knowingly furnishes false information in any application under this Act or the regulations or in any statement or return required to be furnished under this Act or the regulations; or

(b) contravenes any provision of this Act or the regulations,

and every director or officer of a corporation who knowingly concurs in such furnishing of false information or contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than twenty thousand dollars or to imprisonment for a term of not more than one year, or to both.

(2) Where the institution convicted of an offence under subsection (1) is a corporation, the maximum penalty that may be imposed upon the corporation is two hundred and fifty thousand dollars. R.S., c. 123, s. 6; 2006, c. 26, s. 4.

Injunction

7 If a person contravenes this Act, the Supreme Court, on application by the Minister, may grant an injunction enjoining the person from continuing the contravention of this Act. R.S., c. 123, s. 7.

Regulations

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. 2006, c. 26, s. 5.

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