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Ministry of Advanced Education

Legislation

The Ministry of Advanced Education is responsible for the legal structure under which the post-secondary education system, and eight professions and occupations, operate.  

The Legislation Unit in the Governance and Quality Assurance Branch assists in preparing and administering the Ministry's legislation, regulations and orders of the Lieutenant Governor in Council and the Minister of Advanced Education. The branch co-ordinates all work associated with appointments to the Ministry's agencies and boards, and works with Ministry of Attorney General solicitors to provide legal advice on matters of concern to the Ministry.

Public Post-Secondary Institutions

Acts of the Legislature provide public institutions with a board of governors to oversee operations and finances, and academic governance structures for matters such as credentials, curriculum and academic standards.   

The province’s public post-secondary institutions are governed by the following legislation:

University Act: constitutes The University of British Columbia, Simon Fraser University, the University of Victoria, the University of Northern British Columbia and institutions designated as special purpose, teaching universities.  The special purpose, teaching universities so designated are Capilano University, Emily Carr University of Art and Design, Kwantlen Polytechnic University, Vancouver Island University, and University of the Fraser Valley.

Each university has in its own right and name the power to grant degrees established in accordance with the Act. Each has a convocation, chancellor, board of governors, senate and faculties. The research universities provide instruction and pursue original research in all branches of knowledge. Special purpose, teaching universities that serve a geographic region of the province provide adult basic education, career, technical, trade and academic programs leading to certificates, diplomas, and baccalaureate and masters degrees. Special purpose, teaching universities serving the whole province provide applied and professional programs leading to baccalaureate and masters degrees. To the extent its resources permit, a special purpose, teaching university undertakes applied research and scholarly activities to support its programs.

Royal Roads University Act: constitutes Royal Roads University, a university specializing in applied and professional fields.

Thompson Rivers University Act: constitutes Thompson River University, a university offering baccalaureate and masters degree programs, adult basic education and training, and an open learning educational credit bank for students.

College and Institute Act: governs public colleges and institutes. The statutory objects of a college are to provide comprehensive courses of study at the first and second year levels of a baccalaureate degree program, applied baccalaureate degree programs, adult basic education, training, and continuing education. The British Columbia Institute of Technology is the province’s polytechnic institution, offering technological and vocational instruction, and baccalaureate and applied masters degree programs. Other Provincial institutes provide instruction and perform functions designated by the Minister.

Private post-secondary institutions

Private degree-granting institutions are governed by the following legislation:

Degree Authorization Act: prescribes the process whereby private institutions and public institutions from other jurisdictions may obtain authority to offer degree programs and grant degrees in B.C. The granting of degrees and use of the word "university" without authorization of the Minister are restricted.

There are two private universities operating in British Columbia under authority of private Acts of the Legislature. Quest University is governed by the Sea to Sky University Act. As well, Trinity Western University is a private university operating under authority of the Trinity Western University Act. As private institutions, these universities do not receive public funding.

Private career training institutions are governed by the following legislation:

Private Career Training Institutions Act: establishes the Private Career Training Institutions Agency and governs and provides consumer protection for students enrolled in private career training institutions.

Theological colleges are private institutions affiliated with various religious groups; as such, they do not receive public funding and the Ministry does not administer their Acts, which have been passed by the Legislature through the private bills process. They are governed by the following legislation:

  • Canadian Pentecostal Seminary Act
  • Carey Hall Act
  • Christ for the Nations Bible College Act
  • Columbia Bible College Act
  • Northwest Baptist Theological College Act
  • Okanagan Bible College Act
  • Pacific Life Bible College Act
  • Regent College Act
  • Seminary of Christ the King Act
  • St. Andrew’s Hall Act
  • St. Mark’s College Act
  • Summit Pacific College Act;
  • Trinity Western University Act; and
  • Vancouver School of Theology Act

Other Education Legislation Administered by the Ministry

The Ministry also administers the following Acts:

Public Education Flexibility and Choice Act: gives public institutions the right to establish class size, the number of students who may enroll in a class, and the total number of students who may be assigned to a faculty member in a given period.

Public Education Labour Relations Act: addresses collective bargaining practices and procedures in the public school system.

University Foundations Act: sets out the legal framework under which university foundations operate.

Professional and Occupational Legislation

Besides legislation governing post-secondary education, the Ministry also administers several Acts governing self-regulated professions and occupations in B.C.:

The Ministry's Governance and Quality Assurance Branch is the primary point of contact within government for each of these professional and occupational associations.

Regulations

Regulations are subordinate legislation made under the authority of a statute. Whereas an Act establishes the overall legal framework, a regulation generally sets out details. Regulations are also used to bring Acts into force. Staff can request copies of regulations from the Legislation Unit, Governance and Quality Assurance Branch.

Orders in Council and Ministerial Orders

Orders in Council are official documents implementing Cabinet’s decisions regarding day-to-day government operations. Ministerial orders implement certain decisions of the Minister, as authorized in legislation.