Post-secondary Education Choice and Excellence Act, 2000, S.O. 2000, c. 36, Sched.

• Jurisdiction: Ontario

Post-secondary Education Choice and Excellence Act, 2000

S.O. 2000, Chapter 36
Schedule

Consolidation Period: From January 1, 2015 to the e-Laws currency date.

Last amendment: 2013, c. 13, Sched. 1, s. 17.

CONTENTS

Interpretation and Application

Definitions

1 (1) In this Act,

“consent” means a written consent of the Minister given under subsection 4 (1) and any renewal of that consent given by the Minister; (“consentement”)

“degree” means a degree as described in subsection (2); (“grade”)

“distance education” means a formal educational process in which all or the majority of the instruction occurs when the learner and instructor are not physically located in the same place at the same time; (“enseignement à distance”)

“educational institution” means any person that offers education or professional courses or programs and includes a person whose objects or primary activity are not related to the provision of educational programs, but does not include a person that is prescribed as excluded; (“établissement d’enseignement”)

“Minister” means the Minister of Training, Colleges and Universities; (“ministre”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act. (“règlements”) 2000, c. 36, Sched., s. 1; 2010, c. 12, s. 2 (1).

Interpretation, degree

(2) For the purposes of this Act, a degree means one or both of the following:

1. A document of academic achievement granted or conferred by an educational institution that includes terms or nomenclature or any derivation of them that, regardless of the specific academic or professional discipline in which it is awarded, would be reasonably understood as an undergraduate or graduate degree, including, but not limited to, a document including the terms bachelor, bachelor’s, baccalaureate, master, master’s, doctor, doctoral, doctorate, B.A., B.Comm., B.Sc., B.Ed., M.A., M.B.A., M.Sc., Med.D. or Ph.D.

2. A diploma, certificate, document or other thing that implies or would be reasonably understood as the granting or conferring of a degree, including, without limiting the foregoing, a diploma, certificate, document or other thing that includes a reference to bachelor, bachelor’s, baccalaureate, master, master’s, doctor, doctoral or doctorate. 2010, c. 12, s. 2 (2).

Same, diploma, etc.

(3) For greater certainty, a diploma, certificate, document or other thing referred to in paragraph 2 of subsection (2) does not include a certificate, licence, registration or other form of official recognition that attests to the person being qualified to practise a trade or occupation issued or granted by,

(a) a regulatory authority, body or entity that is authorized under an Act of a Canadian province or territory to issue or grant such form of official recognition; or

(b) an occupational accrediting, certifying or licensing body that is prescribed or meets prescribed criteria, if any. 2010, c. 12, s. 2 (2).

Same, program of post-secondary study leading to a degree

(4) For the purposes of this Act, providing all or part of a program of post-secondary study leading to a degree includes providing or facilitating one or more of the following on an ongoing, regular or frequent basis, whether directly or through an agent or contractor:

1. Lectures, tutorials, seminars, or academic assessments.

2. Academic advisory or counselling services, or admission of students to all or part of a degree program.

3. Collecting tuition or other fees relating to admission to all or part of a degree program.

4. Classroom space or library facilities. 2010, c. 12, s. 2 (2).

Section Amendments with date in force (d/m/y)

2010, c. 12, s. 1, 2 (1, 2) - 08/06/2010

Application

1.1 (1) This Act applies to persons,

(a) who have physical presence in Ontario; or

(b) who provide distance education to Ontario residents and it is not reasonably evident to Ontario residents that the programs are offered by a person or entity in a jurisdiction outside Ontario. 2010, c. 12, s. 3.

Physical presence

(2) For the purposes of clause (1) (a), evidence of physical presence in Ontario includes one or more of the following:

1. A head office.

2. A postal address or a telephone or fax number in Ontario.

3. The occupancy of real property in Ontario for the purposes of providing educational programs.

4. The occupancy of real property in Ontario for the purposes of granting degrees.

5. The employment of or contracting with,

i. an agent, manager or other person in Ontario who provides or arranges the provision of educational programs in Ontario, or

ii. an employee, contractor or other person who provides educational programs or grants degrees in Ontario.

6. Such other elements of physical presence as may be prescribed. 2010, c. 12, s. 3.

Section Amendments with date in force (d/m/y)

2010, c. 12, s. 3 - 08/06/2010

Authority to Grant Degrees

Authority to grant a degree, etc.

2 (1) No person shall directly or indirectly do any of the following things unless the person is authorized to do it by an Act of the Assembly or by the Minister under this Act:

1. Grant a degree.

2. Provide a program or part of a program of post-secondary study leading to a degree to be conferred by a person inside or outside Ontario.

3. Advertise,

i. a program or part of a program of post-secondary study offered in Ontario leading to a degree to be conferred by a person in or outside Ontario, or

ii. a distance education program or part of a distance education program of post-secondary study leading to a degree to be conferred by a person outside of Ontario where the advertising is done in a manner such that it is not reasonably evident to Ontario residents that the program is offered by a provider in a jurisdiction outside Ontario who is not authorized to provide the program or grant a degree related to the program in Ontario.

4. Sell, offer for sale or provide by agreement for a fee, reward or other remuneration, a diploma, certificate, document or other material that indicates or implies the granting or conferring of a degree. 2000, c. 36, Sched., s. 2 (1); 2009, c. 33, Sched. 25, s. 4 (1); 2010, c. 12, s. 5.

Exception

(2) Despite subsection (1), a person may directly or indirectly advertise and provide a program or part of a program of post-secondary study leading to a degree if,

(a) the person provides the program or part of the program under an agreement with another person who is authorized by an Act of the Assembly or by the Minister under this Act to provide the program or part of the program; and

(b) the degree to which the program or part of the program leads is conferred only by that other person who is authorized to provide the program or part of the program. 2000, c. 36, Sched., s. 2 (2); 2009, c. 33, Sched. 25, s. 4 (2).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 25, s. 4 (1, 2) - 15/12/2009

2010, c. 12, s. 4, 5 - 08/06/2010

Authority to establish a university, etc.

3 No person shall directly or indirectly do any of the following things unless the person is authorized to do it by an Act of the Assembly or by the Minister under this Act:

1. Operate or maintain a university.

2. Use or be known by a name of a university or any derivation or abbreviation of a name of a university.

3. Hold themself out to be a university.

4. Make use of the word university or any derivation or abbreviation of the word university in any advertising relating to an educational institution in Ontario. 2000, c. 36, Sched., s. 3.

Consent of Minister

4 (1) The Minister may give a written consent to a person who makes an application under section 5 to authorize the person to do one or more things described in sections 2 and 3. 2000, c. 36, Sched., s. 4 (1).

Terms and conditions of consent

(2) The Minister may attach such terms and conditions to a consent as the Minister considers appropriate, including a termination date after which the consent will cease to be effective unless renewed by the Minister. 2000, c. 36, Sched., s. 4 (2).

Same

(3) A person to whom a consent is given shall ensure compliance with all terms and conditions attached to the consent. 2000, c. 36, Sched., s. 4 (3).

Security

(4) The Minister shall not give a consent unless he or she is satisfied,

(a) that the person seeking the consent has given security that complies with any prescribed requirements and is adequate to protect the interests of students; and

(b) that the person has made arrangements to ensure students have access to their transcripts and that the arrangements comply with any prescribed requirements and are adequate to protect the interests of students. 2000, c. 36, Sched., s. 4 (4).

Colleges of applied arts and technology

(5) The Minister shall not give a consent to authorize a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002,

(a) to do anything described in section 2, unless the degree in respect of which the consent is given is a baccalaureate degree in an applied area of study; or

(b) to do anything described in section 3. 2000, c. 36, Sched., s. 4 (5); 2002, c. 8, Sched. F, s. 11; 2009, c. 33, Sched. 25, s. 4 (3).

Exception

(6) Despite subsection (5), the Minister may give a consent to authorize a college of applied arts and technology to do something described in section 2 or 3 if,

(a) the college is named in a regulation for the purposes of this subsection; or

(b) conditions have been prescribed for the purposes of this subsection and the college has satisfied them. 2000, c. 36, Sched., s. 4 (6).

Section Amendments with date in force (d/m/y)

2002, c. 8, Sched. F, s. 11 - 01/04/2003

2009, c. 33, Sched. 25, s. 4 (3) - 15/12/2009

Application for consent

5 (1) A person may apply to the Minister for a consent and for a renewal of a consent. 2000, c. 36, Sched., s. 5 (1).

Referral to Board or other prescribed...