Definitions

1  In this Act:

"board" means the board under section 3;

"British Columbia Adult Graduation Diploma" means the diploma that may be provided to a person who is enrolled at the institute and who has met the requirements for obtaining the British Columbia Adult Graduation Diploma;

"education council" means the education council of the institute;

"educational administrator" means a dean, vice president or similar employee of the institute whose primary responsibility is to provide administrative services in support of education or training offered by the institute, and does not include the president;

"faculty member" includes an instructor, librarian, tutor, counselor, research associate, program coordinator or other employee of the institute that a collective agreement between the bargaining agents, as defined in section 1 of the Labour Relations Code, for the institute and faculty members specifies to be a faculty member;

"institute" means the British Columbia Institute of Technology continued under section 2;

"joint approval" means approval by the board and by the education council of the institute, each by passing a resolution of approval by majority vote of its voting members;

"president" means the chief executive officer of the institute;

"registrar" means the registrar of the institute;

"representative group" means

(a) a bargaining agent, as defined in section 1 of the Labour Relations Code, for faculty members or for support staff, or

(b) a student society or student organization for which fees are collected under section 14 or 15 of this Act;

"student" means a person the registrar recognizes to be enrolled and in good standing in a course or program of studies at the institute;

"student society" means an organization incorporated as a society under the Society Act whose purpose is to represent the interests of the general student body, but does not include a provincial or national student organization;

"support staff" means the employees of the institute who are not the president, educational administrators or faculty members.

 Institute continued

2  (1)  The institute is continued under the name "British Columbia Institute of Technology" as a corporation consisting of the members of the board.

(2)  The Business Corporations Act does not apply to the institute.

(3)  The institute may acquire or dispose of land or buildings with the prior approval of the Lieutenant Governor in Council.

(4)  A power of the board, other than a power that by an enactment the board must exercise by bylaw, may be exercised by bylaw or resolution of the board.

 Board composition

3  The board is composed of

(a) 8 or more persons appointed by the Lieutenant Governor in Council,

(b) one person who is a faculty member and who is elected by the faculty members,

(c) 2 students elected by the students,

(d) one person who is part of the support staff and elected by the support staff,

(e) the president, and

(f) the chair of the education council.

 Remuneration of board members

4  The Lieutenant Governor in Council may set the remuneration that the institute pays to members of its board.

 Term of office

5  (1)  A person elected under section 3 (b) or (d) serves a 3 year term and may be elected to further terms.

(2)  A person elected under section 3 (c) serves a one year term and may be elected to further terms.

 Elections

6  (1)  The registrar must conduct the elections described in section 3.

(2)  The registrar must establish, after consultation with the chair of the board and the chief officers of the representative groups, rules that are necessary and consistent with this Act for the conduct of the elections described in section 3, including an appeal process for the conduct of elections.

(3)  Rules under this section for an election under section 3 (c) must provide for representation of program areas at the institute as determined by the registrar.

 Voting at board meetings

7  Each member of the board, except the president and chair of the education council, has one vote on the board.

 Education council

8  (1)  The institute must have an education council.

(2)  On first being established, the education council must have 20 voting members as follows:

(a) 10 must be faculty members elected by the faculty members;

(b) 4 must be students elected by the students;

(c) 4 must be educational administrators appointed by the president;

(d) 2 must be support staff elected by the support staff.

(3)  After the education council is established, the number of its faculty member, educational administrator and support staff voting members having terms of more than one year, and of its student voting members, may be increased or decreased provided

(a) the increase or decrease is agreed to by the president and a majority vote of the voting members of the education council,

(b) the number of voting members after the increase or decrease is apportioned to represent faculty members, students, educational administrators and support staff respectively in the same ratios as under subsection (2),

(c) the new faculty member, student and support staff voting members, if any, are elected by the faculty members, students and support staff respectively, and the new educational administrator voting members, if any, are appointed by the president, and

(d) the total of voting members exclusive of those elected or appointed under subsection (4) is 20 or more.

(4)  After the education council is established, the number of its voting members may be increased for one year provided

(a) the increase is agreed to by the president and a majority vote of the voting members of the education council,

(b) these new faculty member, student or support staff voting members are elected by the faculty members, students and support staff respectively, and these new educational administrator voting members, if any, are appointed by the president, and

(c) these new voting members are deemed not to be voting members for the purposes of a vote under subsection (3) (a) or this subsection.

(5)  The president is a non-voting member of the education council.

(6)  The board may appoint one person to be a non-voting member of the education council to serve for one year.

 Term of office of voting members

9  (1)  Faculty members or support staff elected under section 8, other than those elected under section 8 (4), serve a 2 year term and may be elected to further terms under that section.

(2)  Students elected under section 8 serve a one year term and may be elected to further terms under that section.

(3)  Educational administrators appointed under section 8, other than those appointed under section 8 (4), serve a 2 year term and may be appointed to further terms under that section.

(4)  Persons elected or appointed under section 8 (4) serve a one year term and may be elected or appointed, as appropriate, to further terms under section 8.

 Elections

10  (1)  The registrar must conduct the elections described in section 8.

(2)  The registrar, after consulting with the chief officers of the representative groups and the president, must establish the rules necessary and consistent with this Act for the conduct of the elections described in section 8, including an appeal process for the conduct of elections.

(3)  Rules for elections described in section 8 must provide for representation of program and education support areas at the institute as determined by the registrar after consulting with the chief officers of the representative groups and the president.

 Chair of the education council

11  The chair of the education council must be elected each year by and from the voting members of the education council.

 Purposes of institute

12  The purpose of the institute is to provide, maintain and operate buildings, equipment, facilities and services for offering and providing courses of instruction in technological and vocational matters and subjects.

 Degrees

13  The institute may grant the baccalaureate degrees, applied masters degrees or honorary degrees the minister, by order, designates.

 Power of the minister

13.1  The minister may, with the minister responsible for the administration of the School Act, establish the requirements for obtaining the British Columbia Adult Graduation Diploma.

 Powers and duties of board

14  (1)  The board has the power and capacity to do anything necessary or required to carry out the purposes of the institute and to administer the property, revenue, expenditures, business and affairs of the institute.

(2)  Without limiting subsection (1), the board may do one or more of the following:

(a) with the prior approval of the minister and Minister of Finance, by bylaw, enter into a lease of land, buildings and equipment from the government or any other person;

(b) make rules respecting the management and control of the property acquired by the institute and respecting the conservation of heritage property;

(c) by bylaw, determine the fees for instruction to be paid by or in respect of students attending the institute;

(d) provide, subject to sections 17 and 18, for the management and carrying out of the curriculum, training, instruction and education offered and provided by the institute and programs approved by the minister;

(e) determine, subject to section 17, all questions relating to the qualifications required of applicants for admission as students to the institute;

(f) provide for the granting of certificates, diplomas, baccalaureate degrees, applied masters degrees and honorary degrees;

(g) establish and administer trust funds for scholarships, fellowships, exhibitions, bursaries, prizes and student loans out of money donated or made available for the purpose;

(h) prepare annually a budget for the institute in the form and manner specified by the minister;

(i) pay to a municipality incorporated by or under an Act a grant in a year not exceeding the lesser of

(i)  the amount that would be payable as general municipal taxes in the year on property of the institute within the municipality if the property were not exempt from these taxes, and

(ii)  the amount specified by the minister or calculated in the manner specified by the minister;

(j) make bylaws and pass resolutions, not contrary to this Act, it considers necessary or advisable for the conduct of the affairs of the institute;

(k) without limiting paragraph (j), make bylaws and pass resolutions with respect to the following:

(i)  the appointment of a chair;

(ii)  the time and place of calling and holding meetings of the institute;

(iii)  the procedure to be followed at meetings;

(iv)  the establishment of an executive committee and the delegation to it of powers of the board;

(v)  generally, with respect to the conduct in all other particulars of the affairs of the institute;

(l) by bylaw, set the terms for reimbursement of members of the board for travel expenses;

(m) establish

(i)  program advisory committees with substantial industry representation, and

(ii)  other committees the board considers advisable;

(n) for the purposes of paragraph (m), specify the method of appointment and number of committee members, their term of office, and the duties and responsibilities of those committees;

(o) subject to the policies and directives of the minister, determine courses or programs to be offered or cancelled at the institute;

(p) collect fees on behalf of a student organization and remit those fees to the student organization.

(3)  [Repealed 2002-25-37.]

(4)  If there is a conflict between subsection (2) (o) and an agreement entered into on or after July 7, 1983, subsection (2) (o) prevails.

(5)  The board must make bylaws respecting

(a) any conflict of interest or duty of a member of the board or any committee and the rules respecting limitation of voting rights, and disclosure, and

(b) the duties and responsibilities of the president under section 26, and the manner of carrying out those duties and responsibilities.

(6)  At the request of the minister, the institute must provide the minister with reports and any other information that the minister considers necessary to carry out the minister's responsibilities in relation to the institute.

(7)  Information requested under subsection (6) may include personal information about a student.

(8)  Personal information obtained under subsection (6) or under section 170.2 of the School Act may not be used to make a decision respecting an individual student.

(9)  For the purposes of subsections (7) and (8), "student" has the same meaning as in section 14.1.

 Personal education numbers and information

14.1  (1)  In this section:

"personal education number" means a unique identification number for a student obtained under section 170.2 of the School Act;

"student" includes a person applying to be enrolled in a course or program of studies at the institute.

(2)  The board may require a student to provide the institute with

(a) the personal information that relates directly to and is necessary for an operating program or activity of the institute, and

(b) the personal information necessary to obtain a personal education number for the student.

(3)  The board must submit the personal information collected under subsection (2) (b) to the minister responsible for the administration of the School Act to obtain a personal education number for the student.

(4)  The board may use the personal education number obtained under subsection (3) for the following purposes:

(a) carrying out its responsibilities in respect of an operating program or activity of the institute;

(b) research and statistical analysis of personal information in the possession of the board;

(c) facilitating the provision of personal information under section 14 (6).

(5)  The minister must provide to the minister responsible for the administration of the School Act the personal information about a student that is in the possession of the minister if the minister responsible for the administration of the School Act requests that information and provides the minister with a valid personal education number for that student.

 Student society fees

15  (1)  Subject to subsection (2), on annual notice from a student society, the board must direct the institute to collect student society fees and remit them to the student society if

(a) the institute collected fees on behalf of the student society between June 1, 1998 and June 1, 1999, or

(b) the student society has been designated by regulation and the amount of the student society fees has been approved by a majority of the members of the student society who voted in a referendum of that student society.

(2)  If a student society referred to in subsection (1) (a) or (b) changes student society fees, the new amount or the rate of change must be approved, before a notice is issued under subsection (1), by a majority of the members of the student society who vote in a referendum of that student society.

(3)  On annual notice from a student society, the board must direct the institute to collect fees on behalf of a provincial or national student organization and remit them to the student society or directly to the provincial or national student organization, as may be agreed by the board and the student society, if

(a) the institute collected fees on behalf of the provincial or national student organization between June 1, 1998 and June 1, 1999, or

(b) the student society has held a referendum and the majority of the members of the student society voting in that referendum voted in favour of joining the provincial or national student organization.

(4)  The board may direct that the institute cease to collect or remit student society fees to a student society if one of the following applies:

(a) the student society fails to do one of the following in a timely manner:

(i)  make available to its members annual audited financial statements and a report on those financial statements by an auditor who meets the requirements of section 42 of the Society Act;

(ii)  inform the board in writing that the requirements set out in subparagraph (i) have been met;

(b) the student society is struck off the register in accordance with section 71 of the Society Act.

(5)  The Lieutenant Governor in Council may make regulations designating student societies for the purposes of subsection 15 (1) (b).

 Advisory role of the education council

16  (1)  The education council must advise the board, and the board must seek advice from the education council, on the development of educational policy for the following matters:

(a) the mission statement and the educational goals, objectives, strategies and priorities of the institute;

(b) proposals about implementation of courses or programs leading to certificates, diplomas or degrees, including the length of or hours for courses or programs;

(c) reports, after implementation by the institute without prior review by the education council, of

(i)  new non-credit programs, or

(ii)  programs offered under service contract;

(d) priorities for implementation of new programs and courses leading to certificates, diplomas or degrees;

(e) cancellation of programs or courses offered by the institute or changes in the length of or hours for courses or programs offered by the institute;

(f) evaluation of programs and educational services;

(g) policies concerning library and resource centres;

(h) setting of the academic schedule;

(i) policies on faculty member qualifications;

(j) adjudication procedure for appealable matters of student discipline;

(k) terms for affiliation with other post-secondary bodies;

(l) consultation with community and program advisory groups concerning the institute's educational programs;

(m) qualifications for admission policies;

(n) criteria for awarding certificates, diplomas and degrees;

(o) other matters specified by the board.

(2)  Advice given under subsection (1) must not conflict with policies or directives of the minister.

(3)  The board must request advice on a matter under subsection (1) by giving the education council the following at least 10 working days before the board will deal with the matter:

(a) the agenda items concerning the matter for the meeting of the board at which the matter will be discussed;

(b) the date by which a statement setting out the advice of the education council must be given to the chair of the board.

(4)  Despite subsection (3), if the board must deal with a matter under subsection (1) and there are substantial reasons why 10 working days' notice under subsection (3) cannot be given, the board must advise the education council, as soon as practicable, concerning

(a) the matter,

(b) the reason why notice could not be given under subsection (3), and

(c) the decision taken on the matter.

 Powers of the education council

17  (1)  The education council must make bylaws for the conduct of the business of the education council including bylaws specifying the duties of members of the education council in conflict of interest situations.

(2)  Subject to the policies and directives established by the minister, the education council has the power and duty to

(a) set policies concerning examinations and evaluation of student performance,

(b) set policies concerning student withdrawal from courses, programs and the institute,

(c) set criteria for academic standing, academic standards and the grading system,

(d) set criteria for awards recognizing academic excellence,

(e) set policies and procedures for appeals by students on academic matters and establish a final appeal tribunal for these appeals, and

(f) set curriculum content for courses leading to certificates, diplomas or degrees.

 Joint approval

18  (1)  To be implemented, decisions concerning the following matters must have joint approval:

(a) curriculum evaluation for determining whether

(i)  courses, programs or course credit from another post-secondary institution or university or other body are equivalent to courses, programs or course credit at the institute, or

(ii)  courses, programs or course credit from one part of the institute are equivalent to courses, programs or course credit in another part of the institute;

(b) other responsibilities of the board that, on the initiative of the board, the board and the education council agree are subject to joint approval.

(2)  Subsection (1) (a) does not include curriculum evaluation based on instructional methods.

(3)  An agreement under subsection (1) (b) may be terminated by

(a) the board giving written notice of termination to the chair of the education council, or

(b) by the education council giving written notice of termination to the chair of the board.

(4)  Joint approval given under subsection (1) must not conflict with policies or directives established by the minister.

(5)  If joint approval on a matter described in subsection (1) is not attained within 60 days of the board or education council requesting the other to consider its proposal, the board or education council may refer the matter to the minister, and the minister, or the person the minister designates for the purposes of this subsection, may make the decision the minister or person designated considers most appropriate.

 Staff

19  Despite the Public Service Act, the board may appoint a president, registrar, bursar and instructional staff of the institute, and other employees required for the institute, and may set their remuneration.

 Limitation of liability

20  Members of the board and persons acting under this Act are not personally liable for loss or damage suffered by a person by reason of anything done or omitted to be done in good faith in the exercise of a power given by this Act.

 Labour Relations Code applies

21  The Labour Relations Code applies to this Act, and the definitions of "employer" and "employee" in that Code apply to the institute and its employees respectively.

 Finances

22  (1)  The fiscal year of the institute ends on March 31 in each year.

(2)  In each year on or before a date specified by the minister, the institute must compile, under section 14 (2) (h), the budget for the next fiscal year consisting of all of the following:

(a) detailed estimates of expenses of the institute for administering, operating and maintaining the institute and for all auxiliary services;

(b) detailed estimates of expenses of the institute for payment of principal and interest on debts incurred by the institute and for capital expenditures approved by the minister;

(c) detailed estimates of revenue owing to the institute from sources other than grants from the government;

(d) the estimated surplus or deficit, as the case may be, accruing or likely to be incurred in that fiscal year;

(e) other information the minister requires.

(3)  In each year on or before a date specified by the minister, the institute must submit the budget to the minister.

(4)  The minister must review the budget, and may

(a) alter the allocation of expenses within sections of the budget, or

(b) reduce the budget as a result of the review.

(5)  The budget as finally approved by the minister is binding on the institute.

(6)  The institute must not incur any liability or make any expenditure beyond the unexpended amount of the grant made under section 24 and the estimated revenue of the institute from other sources up to the end of and including that year, unless an estimate has first been submitted to and approved by the minister and the Minister of Finance.

(7)  To cover the cost of an estimate approved by the minister and the Minister of Finance under subsection (6), the Minister of Finance may

(a) increase a grant for operating expenses, or

(b) direct the institute to include provision for the liability or expenditure in its budget for the next fiscal year.

(8)  The institute must, if requested by the minister, provide to the minister information the minister requires about the financial situation of the institute and its plans for expenditures to be made in years following the year for which it is required to submit a budget.

 Borrowing for buildings or land

23  (1)  The institute may, with the prior approval of the minister and the Minister of Finance, borrow money for the purpose of

(a) purchasing or otherwise acquiring land for the use of the institute, or

(b) erecting, repairing, adding to, furnishing or equipping a building or other structure for the use of the institute.

(2)  An approval referred to in subsection (1) (b) must not be given unless the institute demonstrates to the minister's satisfaction that the loan will be repaid from sources other than the government.

(3)  Section 22 (6) does not apply to a borrowing described in subsection (1).

(4)  [Repealed 1998-6-14.]

(5)  The board may

(a) make an agreement that it considers necessary or advisable to borrow money under subsection (1), and

(b) execute a security or other instrument it considers necessary or advisable to give effect to that agreement.

 Repealed

24  [Repealed 2003-48-19.]

 Control on expenditure for benefits

25  (1)  If the services of employees of the institute are withheld, or the institute locks out the employees, as a consequence of a dispute or other disagreement between the institute and employees of the institute

(a) the total of unexpended amounts of the grant made to the institute in the fiscal year is reduced by the value of the benefits, and

(b) the amount of the reduction calculated under paragraph (a) is a debt due and owing to the government and must be

(i)  paid by the institute to the government, or

(ii)  withheld by the minister from future grants to the institute in the fiscal year or a future fiscal year.

(2)  In subsection (1) (a) the "value of the benefits" is the value of the benefits the employees would receive for the period of the withholding or lockout in the fiscal year if the employees had worked, less the costs necessarily incurred by the institute as a consequence of the withholding or lockout and approved by the minister.

 Duties of president

26  (1)  The president of the institute appointed under section 19 is the chief executive officer and must, subject to the bylaws, generally supervise and direct the instructional, administrative and other staff and exercise other powers and perform other duties assigned to the president by the board.

(2)  Without limiting subsection (1), the president may do the following:

(a) recommend appointments, promotions and removal of members of the instructional, administrative and other staff of the institute;

(b) provide that instruction in a course authorized by the board be given by persons other than duly appointed members of the instructional staff;

(c) suspend a member of the instructional, administrative and other staff and, within 48 hours, report the action to the board with a statement of the president's reasons;

(d) suspend a student and deal summarily with any matter of student discipline and, within 48 hours, report the action to the board.

(3)  A person who is suspended under subsection (2) (c) has a right of appeal to the board.

(4)  An action taken by the president under subsection (2) (d) is final, subject to an appeal to the board.

(5)  The president must advise the board on all matters pertaining to the operation of the institute.

(6)  Each year and at other times on the request of the board, the president must report to the board on the progress of the institute and make recommendations for the benefit and advancement of the institute.

 Repealed

27  [Repealed 2003-48-19.]

 Audit

28  Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the institute, the institute must appoint an auditor to audit the accounts of the institute at least once each year.

 Report

29  (1)  The institute must, not more than 90 days after the end of its fiscal year, make an annual report of its transactions to the minister, in which must be set out

(a) a balance sheet and a statement of revenue and expenditures for the year ending on the preceding March 31, and

(b) other particulars as the minister may require.

(2)  [Repealed 2003-48-19.]

 Exemption from expropriation

30  (1)  Land vested in the institute is not liable to be entered on, used or taken by a municipal or other corporation, or by the government or a person possessing the right of taking land compulsorily for any purpose.

(2)  A power to expropriate land enacted after April 1, 1986 does not extend to property referred to in subsection (1), unless the Act expressly applies to that land.

 Investments

31  The board may invest for the benefit of the institute money belonging to it and available for investment only as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.

 Short term borrowing

32  (1)  The institute may borrow money to meet the expenditures of the institute until the revenues of the current fiscal year become available.

(2)  Money borrowed under subsection (1) together with accrued interest

(a) must be repaid out of current revenues, and

(b) may be secured by promissory notes of the institute.

 Employees of the institute

33  The board or, if authorized by it, the president or a person the president designates, may, under the bylaws of the institute,

(a) appoint employees considered necessary to carry on the business and operations of the institute,

(b) define their duties and tenure,

(c) determine their remuneration, and

(d) provide an organization to carry out the purposes of the institute.

 Agent of the government

34  The institute is for all its purposes an agent of the government and its powers may be exercised only as an agent of the government.

 Taxation

35  The institute, as agent of the government, is not liable to taxation, except to the extent the government is liable.

 Appointment of a public administrator

36  (1)  The Lieutenant Governor in Council may appoint a public administrator to discharge the powers, duties and functions of the board and education council under this Act if the Lieutenant Governor in Council considers this necessary in the public interest.

(2)  On the appointment of a public administrator, the members of the board and education council cease to hold office unless otherwise ordered by the Lieutenant Governor in Council.

(3)  The Lieutenant Governor in Council may specify

(a) the powers, duties and responsibilities of a public administrator appointed under this section,

(b) the terms and conditions for management of the property and affairs of the institute during the transition period preceding the ending of the appointment of a public administrator, or

(c) how the institute will operate after the ending of the appointment of a public administrator.