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BILL NO. 55

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
            An Act Respecting Collège de l'Acadie
            and the Nova Scotia Community College










                 
                                                               
                                                               
             The Honourable John D. S. MacEachern
              Minister of Education and Culture


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
An Act Respecting Collège de l'Acadie
and the Nova Scotia Community College



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Community Colleges Act.


                            PART I

                     COLLEGE DE L'ACADIE

         2    In this Part,

              (a)  "auditor of the Collège" means an auditor appointed pursuant to Section
25;

              (b)  "Board" means the Board of Governors of the Collège;

              (c)  "Collège" means CollŠge de l'Acadie established pursuant to this Part;

              (d)  "Collège certificate" means a certificate granted by the Board;

              (e)  "Collège diploma" means a diploma granted by the Board;

              (f)  "Minister" means the Minister of Education and Culture;

              (g)  "predecessor Collège" means those francophone campuses of the Nova
Scotia
         Community College being administered and operated as CollŠge de l'Acadie prior to the
         coming into force of this Act;

              (h)  "President" means the President of the Collège;

              (i)  "program of study" means a group of courses that leads to the granting of a
         Collège diploma or Collège certificate;

              (j)  "student" means a person enrolled in the current academic year as a student
         of the Collège;

              (k)  "students' association" means a students' association of the Collège.


         3    (1)  There is hereby established a body corporate to be known as Collège de
l'Acadie.

              (2)  Subject to subsection (3), the language of administration and operation of the
Collège shall be French.

              (3)  When the circumstances warrant the use of English, the Collège shall use
English.


         4    The Collège is a post-secondary institution and is responsible for enhancing
the
economic and social well-being of the Province by meeting the occupational training
requirements of the Acadian and francophone population and the labour market of the Province
and, without restricting the generality of the foregoing, the Collège may

              (a)  offer education and training and related services for full and part-time
         students;

              (b)  provide education and training and related services to governments,
         corporations and other bodies and persons consistent with the mandate of the
Collège, on
         terms and conditions the Collège considers appropriate;

              (c)  participate in joint programs with respect to education and training and
         related services developed and delivered in conjunction with other post-secondary
         institutions and educational bodies.


         5    (1)  The Minister may

                   (a)  appoint a person or a committee to review and evaluate any program
              or service offered by the Collège, the mandate of the College or any other
matter
              relating to the development, content or delivery of a program or service by the
              Collège;

                   (b)  appoint a person to examine, inspect or audit the financial condition,
              administrative condition or any other matter related to the management and
              operation of the Collège;

                   (c)  recommend the appointment of an administrator of the Collège
              pursuant to Section 34.

              (2)  For the purpose of subsection (1), a person or committee appointed by the
Minister has the powers, privileges and immunities of a commissioner appointed pursuant to the
Public Inquiries Act and may examine and inspect any records, documents and things in the
possession or under the control of the Collège and make any inquiries the person or
committee
thinks appropriate.

              (3)  A person having custody of records, documents or things referred to in
subsection (2) shall make them available to the person or committee appointed by the Minister
at the time they are requested.


         6    (1)  In this Section,

                   (a)  "suspension" means the removal of one or more sections of a program
              of study for a definite or indefinite period or permanently;

                   (b)  "transfer" means to move a program of study from one campus of the
              Collège to another campus of the Collège.

              (2)  The Board shall

                   (a)  establish programs of study for the Collège consistent with the mandate
              of the Collège; and

                   (b)  establish guidelines for the establishment, expansion, suspension or
              transfer of any program of study, service or facility of the Collège to ensure the
              orderly growth and development of the Collège.

              (3)  The programs of study and the guidelines referred to in subsection (2) shall
be approved by the Minister.


         7    The Minister may delegate to any person or body of persons any of the powers,
duties and functions conferred or imposed on the Minister pursuant to this Part.


         8    (1)  There shall be a Board of Governors of the Collège consisting of

                   (a)  two students of the Collège elected by the students of the
Collège;

                   (b)  one academic staff member of the Collège elected by the academic
staff
              members of the Collège;

                   (c)  one non-academic staff member of the Collège elected by the
non-academic staff
members of the Collège;

                   (d)  one person nominated by the Minister of Higher Education, Training
              and Adult Learning for Prince Edward Island;

                   (e)  not fewer than five and not more than seven persons nominated by the
              Minister; and

                   (f)  not fewer than five and not more than seven persons appointed by the
              Board.

              (2)  The Board is the governing body of the Collège.

              (3)  When making appointments pursuant to clause (1)(f), the Board shall appoint
members from a list of nominations put forward to the Board by a nominating committee of the
Board.

              (4)  The majority of the members of the nominating committee referred to in
subsection (3) shall be persons who are not members of the Board.

              (5)  In addition to the persons referred to in subsection (1), the President is an ex
officio non-voting member of the Board.

              (6)  The members of the Board appointed pursuant to clause (1)(a) shall be
appointed for a term of one year and all other members of the Board shall be appointed for a
term not to exceed three years.

              (7)  A member of the Board continues to hold office after the expiry of the
member's term until the member is re-appointed, the member's successor is appointed or a
period of three months has expired, whichever first occurs.

              (8)  A member of the Board appointed pursuant to subsection (1) may be re-appointed
but shall not hold office for more than two consecutive terms.

              (9)  The Board may fill a vacancy on the Board by appointing a person to fill the
unexpired term of office of the former member and an appointment pursuant to this subsection
is not a term of office for the purpose of subsection (8).

              (10) Where a person appointed to the Board pursuant to clause (1)(a), (b) or (c)
ceases to be a student or an employee of the Collège, that person ceases to be a member
of the
Board.

              (11) If there ceases to be a campus of the Collège in Prince Edward Island, the
person appointed pursuant to clause (l)(d) ceases to be a member of the Board and clause (1)(d)
ceases to have effect.

              (12) Notwithstanding subsection (10), a student appointed pursuant to clause
(1)(a) who graduates before the expiration of their term of office on the Board, may remain a
member of the Board until the expiration of the term of office.

              (13) Where a member of the Board fails to attend three consecutive regular
meetings of the Board without an excuse acceptable to the Board, the member's appointment
shall be revoked by the Board.

              (14) A vacancy on the Board does not impair the ability of the Board to act.

              (15) Notwithstanding anything contained in this Section, the Minister shall appoint
the first Board.


         9    No member of the Board and no member of a committee is entitled to be reimbursed
for that member's service as a member of the Board or a committee of the Board but each
member of the Board or a committee of the Board is entitled to actual and reasonable expenses
necessarily incurred as a member of the Board or a member of a committee, in accordance with
a policy adopted by the Board.


         10   A majority of the members of the Board constitutes a quorum.


         11   (1)  The Board shall annually elect at its first meeting from among its members
a chair and a vice-chair.

              (2)  A person appointed pursuant to clause 8(1)(a), (b), (c) or (d) and the
President are not eligible to be elected as the chair or vice-chair of the Board.

              (3)  A person elected as the chair or vice-chair of the Board may be re-elected to
that position.

              (4)  In the case of the absence or incapacity of the chair or vice-chair or, where
there is a vacancy in either of those offices, the Board may designate one of its members, other
than a person appointed pursuant to clause 8(1)(a), (b), (c) or (d) or the President, to act as
chair or vice-chair, as the case may be, on an interim basis.

              (5)  The chair of the Board shall only vote in the event of a tie.

              (6)  The Board shall appoint such officers as the by-laws of the Board may
provide.

              (7)  Notwithstanding anything contained in this Section, the Minister shall appoint
the first chair of the Board.


         12   (1)  The Board shall appoint and determine the terms and conditions of
employment of a President who shall be the chief executive officer of the Collège.

              (2)  Subject to the direction of the Board, the President is responsible for the
general management and direction of the Collège including

                   (a)  the policies, programs and services of the Collège;

                   (b)  the business affairs of the Collège; and

                   (c)  such other matters as may be delegated by the Board to the President.

              (3)  The term of office of the President shall not exceed five years and the
President may be re-appointed.

              (4)  The process adopted by the Board for the appointment, review and removal
of a President is subject to the approval of the Minister.


         13   (1)  The Board may make by-laws respecting the calling of its meetings, notice to
Board members and the public and the conduct of business at meetings, and generally regulating
the conduct of its business and affairs.

              (2)  By-laws of the Board made pursuant to subsection (1) shall be open to
examination by the public during the normal office hours of the Collège.

              (3)  Subject to subsection (4), all meetings of the Board shall be open to the public
and no person shall be excluded from a meeting except for improper conduct as determined by
the Board.

              (4)  Nothing in this Section prevents the members of the Board from meeting in
private to discuss matters related to personnel, the acquisition, sale, lease and security of
property, labour relations, legal opinions and other similar matters.


         14   Subject to this Act, the Board has the power to manage and control the
Collège and
its property, revenue, business and affairs.


         15   The Board shall

              (a)  provide programs of study and related services consistent with the mandate
         of the Collège;

              (b)  provide for the granting of certificates and diplomas;

              (c)  determine policies with respect to the organization, administration and
         operation of the Collège and determine policies not inconsistent with the guidelines
         referred to in Section 6 with respect to programs of study of the Collège;

              (d)  ensure that the business and affairs of the Collège are conducted in
         accordance with this Part;

              (e)  evaluate programs of study on a regular basis in accordance with guidelines
         approved by the Minister;

              (f)  be responsible, in respect of the expenditures by the Board, for the operation
         of the Collège from the funds provided and for accounting for those expenditures;

              (g)  meet at least four times each year and hold any other meetings that the Board
         considers appropriate;

              (h)  prepare and maintain full and accurate records of its proceedings,
         transactions and finances;

              (i)  develop and adopt conflict of interest guidelines for members of the Board
         and employees of the Collège;

              (j)  establish a public tender and procurement policy;

              (k)  establish a fair hiring policy;

              (l)  establish a performance-evaluation system for employees of the Collège;

              (m)  establish a policy to prevent harassment and discrimination of students and
         employees of the Collège;

              (n)  subject to the approval of the Minister, establish an admissions policy for the
         Collège;

              (o)  with the approval of the Governor in Council, establish a tuition policy for
         the Collège and a schedule of tuition fees;

              (p)  establish, by by-law, procedures for the appointment of members of
         committees, including the chair of a committee;

              (q)  establish a policy for the reimbursement of expenses incurred by members of
         the Board and committees of the Board;

              (r)  make available publications of the programs of study, admission requirements
         and fees of the Collège;

              (s)  publish an annual academic report that includes student information
         respecting enrollment, attrition, graduation and graduate employment placement and such
         other information as the Minister requires;

              (t)  develop and maintain a multi-year operating plan and a multi-year capital
         plan; and

              (u)  at least every five years, conduct a special organizational and operational
         review of the Collège in accordance with guidelines approved by the Minister.


         16   The Board may

              (a)  establish, suspend or transfer to another campus of the Collège a program
         of study in accordance with guidelines established pursuant to Section 6;

              (b)  establish extension programs and courses other than programs of study;

              (c)  provide for the discipline of students with the power to expel, suspend, fine
         or levy assessments for damages done to property;

              (d)  provide, and facilitate the providing of, scholarships and bursaries to
         students;

              (e)  prescribe fees, other than tuition fees for programs of study;

              (f)  subject to the Government Records Act, make by-laws with respect to the
         preservation, destruction or disposal of records of the Collège;

              (g)  act as a trustee of any money or property given in any manner for the support
         of the Collège or its students;

              (h)  authorize the establishment of a charitable foundation, as defined in the
         Income Tax Act (Canada), to benefit, directly or indirectly, the Collège and its
students;

              (i)  co-operate with any collŠge, university, school or other institution, body or
         person to achieve the mandate of the Collège;

              (j)  enter into agreements for the purpose of performing its duties or exercising
         its powers pursuant to this Part;

              (k)  by by-law, establish a procedure for the signing of cheques and other
         documents by mechanical or other means;

              (l)  do any other thing that the Board considers necessary or advisable to carry
         out the mandate of the Collège.


         17   (1)  Subject to the approval of the Governor in Council and to the Provincial
Finance Act, the Minister, on behalf of Her Majesty in right of the Province, may, for the
purpose of establishing, maintaining, assisting, expanding, constructing or equipping facilities
of the Collège,

                   (a)  purchase or otherwise acquire, hold, improve and maintain any real
              and personal property and lease, sell or convey the same for such consideration and
              on such conditions as the Minister deems proper;

                   (b)  construct, improve, renovate, alter, add to, repair, extend, provide
              services for, move or remove any building, chattel or other thing;

                   (c)  purchase or otherwise acquire control of a facility from any person  on
              such terms and in such manner as the Minister deems proper;

                   (d)  do such things and exercise such powers as the Minister deems
              desirable to carry out the intent and purpose of this Part.

              (2)  Such sums as are authorized by subsection (1) may be chargeable to or paid
out of the Capital Account, the Special Reserve Account or the Revenue of the Province for any
year or years.

              (3)  Subject to the approval of the Governor in Council, the Minister may, for and
on behalf of Her Majesty in right of the Province, execute all necessary agreements or other
instruments whatsoever deemed necessary or desirable to carry out the intent and purpose of this
Part.


         18   (1)  The Board may

                   (a)  purchase, lease or receive as a gift or otherwise any real or personal
              property that it considers necessary for the efficient operation of the Collège;

                   (b)  sell, lease or otherwise dispose of any of its property that it considers
              to be no longer necessary for the purpose of the Collège.

              (2)  The Board shall manage, insure, maintain, repair, alter or improve any
property of the Collège and may construct or erect on property of the Collège
any buildings,
structures or any other improvements.

              (3)  Where property is owned by Her Majesty in right of the Province and used
by the Collège for the purpose of the Collège, the Board shall assess the need
for new buildings
and repairs or alterations to existing buildings and make recommendations to the appropriate
Government department.

              (4)  Where property owned by Her Majesty in right of the Province is, in the
opinion of the Board, no longer required for the purpose of the Collège, the Board shall
notify
the Minister.

              (5)  Where a building owned by the Collège and used for the purpose of the
Collège is sold or partially or completely destroyed, the Collège shall pay the
proceeds of any
sale or insurance recovery into a special reserve fund and that fund shall only be used by the
Collège for capital projects.

              (6)  The Board may enter into an agreement with a department of Government
whereby the Collège assumes responsibility for the maintenance, repair, alteration or
improvement of property of Her Majesty used for the purpose of the Collège.

              (7)  Where property of Her Majesty in right of the Province is transferred to the
Collège to be used for the purpose of the Collège, all liabilities and obligations
with respect to
that property are the liabilities and obligations of the Collège.


         19   (1)  The Board may establish program advisory committees for one or more
programs of study offered at the Collège to be comprised of members appointed by the
Board.

              (2)  The duty of a program advisory committee is to advise the Board and make
recommendations to the Board regarding programs of study and new programs of study and
perform such other functions as are determined by the Board.


         20   (1)  The Board may establish advisory committees for one or more campuses of
the Collège to be comprised of members appointed by the Board.

              (2)  The duty of an advisory committee is to assist the Board to ensure that the
campuses of the Collège are meeting the needs of the communities and regions they
serve and
perform such other functions as are determined by the Board.

              (3)  The Board may establish other committees that the Board considers necessary
for the management and operation of the Collège.


         21   The President is an ex officio, non-voting member of all committees established by
the Board.


         22   The fiscal year of the Board is the same as the fiscal year of the Province.


         23   (1)  Before the beginning of each fiscal year, the Board shall prepare an annual
estimate of all sums that are required for the lawful purposes of the Collège for the fiscal
year.

              (2)  The annual estimate referred to in subsection (1) shall be consistent with the
multi-year operating and capital plans of the Collège.

              (3)  The Board shall submit its annual estimate to the Minister for approval in the
form and at the time determined by the Minister.

              (4)  The Minister may approve the annual estimate submitted pursuant to
subsection (3) or may, after consultation with the Board, amend the estimate, and the Board
shall adopt the annual estimate as approved or amended by the Minister.


         24   (1)  The Board shall, at the end of each fiscal year, prepare and submit to the
Minister, by a date determined by the Minister, an annual report of the operations of the
Collège
during the preceding fiscal year and the report shall include audited financial statements of the
Collège and any other information that the Minister requests.

              (2)  Upon receipt of the annual report referred to in subsection (1), the Minister
shall table the report in the House of Assembly or, if the Assembly is not then sitting, with the
Clerk of the Assembly.


         25   The Board shall annually appoint a person who is a licensed public accountant or
a firm in which a member is a licensed public accountant to be the auditor of the Collège
and
the auditor shall make all examinations that are, in the opinion of the auditor, necessary to
enable the auditor to report accurately on the financial statements of the Collège and on
the state
of the financial affairs of the Collège.


         26   The Board may establish and maintain accounts in the name of the Collège
with a
bank, trust or loan company, credit union or other similar financial institution.


         27   (1)  Subject to subsections (2) and (3), the Board may, for the sound and efficient
management of any money of the Collège, establish and adhere to investment policies,
standards
and procedures that a reasonable and prudent person would apply in respect of a portfolio of
investments and loans to avoid undue risk of loss and to obtain a reasonable return.

              (2)  The Governor in Council may make regulations prescribing or prohibiting
the investment of money and prescribing investments or classes of investments in which such
money may be invested for the sound and efficient management of any money of the
Collège.

              (3)  Nothing in this Section permits the Board to invest money received under a
trust in investments that are expressly forbidden by the instrument, if any, creating the trust.


         28   (1)  Subject to the approval of the Minister, the Collège may, from time to
time,
borrow or raise money for operating purposes by way of overdraft, line of credit, loan or
otherwise upon the credit of the Collège.

              (2)  The terms and conditions of a temporary loan, overdraft or line of credit shall
be determined by resolution of the Board.

              (3)  The payment of principal and interest on temporary borrowings pursuant to
this Section may be guaranteed by Her Majesty in right of the Province on such terms as may
be approved by the Governor in Council.


         29   (1)  Subject to the approval of the Governor in Council, the Collège may

                   (a)  raise money by way of loan on the credit of the Collège and issue
notes,
              bonds, debentures or other securities;

                   (b)  sell or otherwise dispose of notes, bonds, debentures or other securities
              for such sums and at such prices as are considered expedient;

                   (c)  raise money by way of loan on any securities;

                   (d)  pledge or hypothecate any securities as collateral security.

              (2)  The powers conferred on the Collège pursuant to subsection (1) may be
exercised

                   (a)  only for the repayment of notes, bonds, debentures or other securities
              issued by the Collège; or

                   (b)  in cases to which clause (a) does not apply, only to the extent permitted
              by this Part or an Act of the Legislature.

              (3)  When securities are pledged or hypothecated by the Collège as security for
a loan that is later paid off, the securities are not thereby extinguished but are still alive and may
be re-issued and sold or pledged as if the former pledging had not taken place.

              (4)  Notes, bonds, debentures and other securities authorized pursuant to this
Section shall be in a form, bear a rate or rates of interest and be payable as to principal, interest
and premium, if any, in the currency of a country or countries, at times and places and in the
amounts and manner and on any other terms and conditions that the Board, with the approval
of the Governor in Council, may determine.

              (5)  Notes, bonds, debentures and other securities authorized pursuant to this
Section shall

                   (a)  be sealed with the seal of the Collège;

                   (b)  together with any coupons, be signed by the chair of the Board and one
              other member of the Board; and

                   (c)  be countersigned by an officer appointed by the Board for that purpose.

              (6)  The seal of the Collège may be engraved, lithographed, printed or
otherwise
mechanically reproduced on a note, bond, debenture or other security, and the signature of the
chair of the Board and the member of the executive committee on a note, bond, debenture or
other security may be engraved, lithographed, printed or otherwise mechanically reproduced
and has the same effect as if manually affixed, and any such signature is for all purposes valid
and binding on the Collège, notwithstanding that a person whose signature is so
reproduced has
ceased to hold office.

              (7)  A recital or declaration in a resolution or the minutes of the Board
authorizing the issue or sale of notes, bonds, debentures or other securities, to the effect that the
amount of notes, bonds, debentures or other securities is so authorized and is necessary to
realize the net sum authorized or required to be raised by way of loan, is conclusive evidence of
that fact.


         30   (1)  The payment of the principal, interest and premium, if any, of any notes,
bonds, debentures or other securities issued by the Collège, may be guaranteed by Her
Majesty
in right of the Province on such terms and in a form and manner as may be approved by the
Governor in Council.

              (2)  A guarantee pursuant to subsection (1) shall be signed by the Minister of
Finance or such other officer or officers as may be designated by the Governor in Council and,
on its being signed, Her Majesty in right of the Province is liable for the payment of the
principal, interest and premium, if any, of the notes, bonds, debentures and securities
guaranteed, according to the terms of the guarantee.

              (3)  The signature of the Minister of Finance or of an officer or officers for which
provision is made in subsection (2) may be engraved, lithographed, printed or otherwise
mechanically reproduced, and the mechanically reproduced signature of such a person is for all
purposes valid and binding on Her Majesty in right of the Province, notwithstanding that any
person whose signature is so reproduced has ceased to hold office.


         31   (1)  The Minister may make payments to the Collège out of money
appropriated
by the Legislature for that purpose.

              (2)  Payments made to the Collège pursuant to subsection (1) are financial
assistance for the purpose of the Auditor General Act and are subject to audit by the Auditor
General.


         32   (1)  For each campus of the Collège there may be a students' association to
provide for the administration of the affairs of the students of the campus.

              (2)  Subject to the approval of the Board, a students' association may be
incorporated with a corporate name that includes the name of the Collège or a campus
of the
Collège.


         33   (1)  A students' association may set student activity fees.

              (2)  The Collège may collect student activity fees and require the payment of
the
fees before registering a student.

              (3)  Student activity fees collected pursuant to subsection (2) shall be paid to the
students' association of the campus to which the fees apply.

              (4)  A students' association shall apply the fees received pursuant to subsection
(3) to the provision and promotion of such social, educational and recreational activities and
services for the benefit of students as the association considers advisable.


         34   (1)  The Governor in Council may, on the recommendation of the Minister,
appoint a person as administrator of the Collège if

                   (a)  the Board takes up a practice or tolerates a situation incompatible with
              the mandate of the Collège or this Part;

                   (b)  in the opinion of the Minister, financial or significant operational
              problems exist with respect to the Collège; or

                   (c)  in the opinion of the Minister, it is otherwise in the public interest to
              do so.

              (2)  The administrator appointed pursuant to subsection (1) shall be paid the
remuneration and expenses that the Governor in Council determines and payment shall be made
out of the funds of the Collège.


         35   (1)  On the appointment of an administrator pursuant to this Part, the
appointments of the members of the Board terminate.

              (2)  During the period of the administrator's appointment, the administrator is
the sole member of the Board and, in the name of the Board, may exercise the powers and
perform the duties of the Board.

              (3)  The administrator shall act in accordance with any directions given by the
Minister.

              (4)  The President is subject to the direction of the administrator.

              (5)  Where the office of President is or becomes vacant during the appointment
of an administrator, the requirement to appoint a President is suspended, and while the office
of President is vacant, the administrator shall perform the duties and exercise the powers
otherwise vested in the President.


         36   (1)  The Governor in Council may, on the recommendation of the Minister, order
the disestablishment of the Board on terms and conditions, and with a disposition of assets and
liabilities, that the Governor in Council deems appropriate.

              (2)  On disestablishment of the Board pursuant to subsection (1),

                   (a)  all the rights and property of the Board become the rights and property
              of Her Majesty in right of the Province; and

                   (b)  all debts and obligations of the Board become debts and obligations
              of Her Majesty.


         37   Documents required to be in writing and to which the Board is a party are properly
executed if the corporate name is witnessed by the signatures of

              (a)   the chair of the Board or another person authorized by the Board; and

              (b)  an officer of the Collège authorized by the Board.


         38   (1)  No action or other proceeding for damages lies or shall be instituted against
the Board, a member of the Board, the President or an officer or employee of the
Collège or an
agent of the Collège for an act or omission done in good faith in the execution or
intended
execution of any power or duty pursuant to this Part or the regulations.

              (2)  No action or other proceeding for damages lies or shall be instituted against
the President, a member of the Board or any person acting under the direction of the President
or a member of the Board for a debt, liability or obligation of the Collège or the Board.

              (3)  No action or other proceeding for damages lies or shall be instituted against
the Collège, the Board or any member of the Board or an administrator, officer or
employee of
the Collège, in respect of an act or omission of a student or students, whether organized
as a
students' association or not, arising out of any association or activity organized, managed,
controlled or done, in whole or in part, by a student or students.


         39   (1)  In this Section, "employee at the predecessor Collège" means a person
employed at the predecessor Collège and appointed in accordance with the Civil Service
Act or
employed by the Minister, excluding teachers employed under a collective agreement in force
under the Teachers' Collective Bargaining Act.

            (2) On the coming into force of this Section,

                (a) every employee at the predecessor Collège ceases to be a person
            appointed in accordance with the Civil Service Act or a person employed by the
            Minister and becomes an employee of the Collège;

                (b) each bargaining unit in the civil service that includes employees of the
            Collège is and is deemed to be two separate bargaining units, namely

                    (i)                          a non-civil service bargaining unit composed of the members of
                the bargaining unit who are employees of the Collège, and

                    (ii)                         a civil service bargaining unit composed of the members of the
                bargaining unit who are not employees of the Collège,

            and the collective agreements so affected are deemed to be amended accordingly
            and shall be given effect as if the bargaining units were always separate;

                (c) the Civil Service Act and regulations made pursuant to that Act and the
            Civil Service Collective Bargaining Act do not apply to employees of the
Collège;

                (d) policies and procedures applicable to civil servants do not apply to
            employees of the Collège, except to the extent that they are adopted by the
Collège;

                (e) subject to clauses (a) and (b) and notwithstanding clauses (c) and (d),
            every employee of the Collège who was an employee at the predecessor
Collège is
            employed by the Collège on the same or equal terms and conditions as to salary
and
            benefits as those under which the employee was an employee at the predecessor
            Collège and until changed by collective agreement or contract of employment;
and

                (f) the Collège and employees of the Collège covered by a
collective
            agreement concluded pursuant to the Civil Service Collective Bargaining Act and
            their bargaining agent are bound by the collective agreement as if the Collège
were
            party to the collective agreement as the employer and as if the collective agreement
            were concluded pursuant to the Trade Union Act by a bargaining agent certified
            pursuant to that Act.

            (3) In clause (2)(e), "benefits" means benefits contained in a collective agreement
or contract of employment.

            (4) Every employee of the Collège who was an employee at the predecessor
Collège is deemed to have been employed by the Collège for the same period
of employment that
the employee was credited with as an employee at the predecessor Collège.

            (5) For greater certainty,

                (a) nothing in this Section means or shall be construed to mean that there
            has been a termination of employment of an employee at the predecessor
Collège;
            and

                (b) benefits accumulated by an employee at the predecessor Collège while
            employed at the predecessor Collège are vested in the employee and the
employee
            is entitled to receive those benefits from the Collège.


         40 (1) In this Section, "teacher" means a person employed at the predecessor
Collège by the Minister under a collective agreement in force under the Teachers'
Collective
Bargaining Act.

            (2) On the coming into force of this Section,

                (a) every teacher ceases to be an employee of the Minister and becomes an
            employee of the Collège;

                (b) the Teachers' Collective Bargaining Act does not apply to employees
            of the Collège;

                (c) subject to this Section, every teacher is employed by the Collège on the
            same or equal terms and conditions as to salary and benefits as those under which
            the teacher was an employee of the Minister immediately before the coming into
            force of this Section and until changed by collective agreement; and

                (d) the Collège, teachers and the bargaining agent for teachers are bound
            by the collective agreement concluded pursuant to the Teachers' Collective
            Bargaining Act as if the Collège were party to the collective agreement as the
            employer and as if the collective agreement were concluded pursuant to the Trade
            Union Act by a bargaining agent certified pursuant to that Act.

            (3) In clause (2)(c), "benefits" means benefits contained in a collective agreement
or contract of employment.

            (4) Every teacher of the Collège who was an employee at the predecessor
Collège
is deemed to have been employed by the Collège for the same period of employment
that the
teacher was credited with as an employee of the Minister.

            (5) For greater certainty,

                (a) nothing in this Section means or shall be construed to mean that there
            has been a termination of employment of a teacher at the predecessor Collège;
and

                (b) benefits accumulated by a teacher while employed by the Minister at
            the predecessor Collège are vested in the teacher and the teacher is entitled to
            receive those benefits from the Collège.


         41 (1) For greater certainty, the Collège is a transferee for the purpose of Section
31 of the Trade Union Act and, without limiting the generality of the foregoing,

                (a) the Collège is bound by successor rights as determined pursuant to the
            Trade Union Act; and

                (b) subject to the Trade Union Act, the Collège and persons previously
            employed at the predecessor Collège under collective agreements, are bound by
the
            collective agreements as if the Collège were a party to those agreements.

            (2) The Public Sector Compensation (1994-97) Act applies to the Collège and
members and employees of the Collège except that, notwithstanding subsections 3(4) of
that Act,

                (a) Section 23 of that Act does not apply;

                (b) the Labour Relations Board may exercise all of its powers under the
            Trade Union Act but the total effect of any changes to collective agreements shall
            not increase the total cost of all compensation in respect of all employees to whom
            the collective agreements changed apply and the pay rates, as defined by the Public
            Sector Compensation (1994-97) Act, are not more than permitted by that Act; and

                (c) no change shall be made in a collective agreement without the approval
            of the Labour Relations Board in accordance with clause (b).

            (3) Where the Labour Relations Board, in applying subsection (1) or (2),
determines that those employees, of the Collège, who were not previously included in a
bargaining unit that includes employees at the predecessor Collège are to be included in
a
bargaining unit of the Collège, those employees are deemed to have seniority credits
with the
Collège equal to the employment service they had with the predecessor
Collège.

            (4) The right of an employee at the predecessor Collège to employment with the
Collège in a bargaining unit position is not affected by whether that employee was
previously
employed pursuant to a collective agreement and the employee is deemed to have seniority
credits with the Collège equal to the employee's service with the predecessor
Collège.

            (5) In subsections (3) and (4), "employee" means an employee as defined in
Section 2 of the Trade Union Act but, for greater certainty, does not include those described in
subsection 2(2) of that Act.

            (6) Where, in the opinion of the Minister of Labour, the workload of the Labour
Relations Board requires additional members, the Governor in Council may, in addition to the
Vice-chair appointed pursuant to subsection 16(4) of the Trade Union Act, appoint additional
members and vice-chairs to the Labour Relations Board for such period of time as is set out in
the appointment.

            (7) An appointment pursuant to subsection (6) does not increase the quorum of
the Labour Relations Board.


         42 Notwithstanding any other provision of this Part, Section 71 of the Labour
Standards Code does not apply to a period of employment with the predecessor Collège.


         43 Subject to any applicable collective agreement or contract of employment, the
Collège shall provide long-term disability benefits for the employees at the predecessor
Collège
who were members of the Nova Scotia Public Service Long-Term Disability Plan immediately
before the coming into force of this Section, such benefits to be the same as or equal to the
benefits under the Plan, and the assets and liabilities of the Plan in respect of the employees at
the predecessor Collège shall be transferred to the Collège.


         44 (1) In this Section,

                (a) "employee at the predecessor Collège" means an employee who,
            immediately before this Section comes into force, was an employee within the
            meaning of the Public Service Superannuation Act;

                (b) "Fund" means the Public Service Superannuation Fund established
            pursuant to the Public Service Superannuation Act.

            (2) Notwithstanding anything in this Part,

                (a) each employee at the predecessor Collège is deemed to continue to be
            a person employed in the public service of the Province for all purposes of the
            Public Service Superannuation Act and service in the employment of the
Collège is
            deemed to be service in the public service of the Province;

                (b) the Collège shall deduct from the salary of each employee at the
            predecessor Collège such amount as is directed by the Governor in Council to
be
            deducted from the salary of employees in the public service of the Province and
            shall pay the same to the Minister of Finance, and such amounts when so received
            shall be paid into and form part of the Fund; and

                (c) where by the Public Service Superannuation Act a matching payment
            is directed to be made into the Fund by the Government or the Minister of Finance
            or where by that Act a superannuation allowance or other sum is directed to be
            paid out of the Consolidated Fund of the Province, then, in respect of an employee
            at the predecessor Collège, the payment, superannuation allowance or other sum
            shall be paid by the Collège and shall form part of the annual expenses of the
            Collège.


         45 (1) In this Section,

                (a) "employee at the predecessor Collège" means an employee who,
            immediately before this Section comes into force, was a teacher within the meaning
            of the Teachers' Pension Act;

                (b) "Fund" means the Nova Scotia Teachers' Pension Fund established
            pursuant to the Teachers' Pension Act.

            (2) Notwithstanding anything in this Part,

                (a) each employee at the predecessor Collège is deemed to continue to be
            a person employed as a teacher for all purposes of the Teachers' Pension Act;

                (b) the Collège shall deduct from the salary of each employee at the
            predecessor Collège such amount as is directed by the Governor in Council to
be
            deducted and shall pay the same to the Minister of Finance, and such amounts when
            so received shall be paid into and form part of the Fund; and

                (c) where by the Teachers' Pension Act a matching payment is directed to
            be made into the Fund by the Government or the Minister of Finance or where by
            that Act a superannuation allowance or other sum is directed to be paid out of the
            Consolidated Fund of the Province, then, in respect of an employee at the
            predecessor Collège, the payment, superannuation allowance or other sum shall
be
            paid by the Collège and shall form part of the annual expenses of the
Collège.


         46 A person who becomes an employee of the Collège, on or after the coming
into force
of Sections 44 and 45, is a member of the Public Service Superannuation Plan unless that person
is a teacher as defined in the Teachers' Pension Act, in which case, that person is a member of
the Teachers' Pension Plan and Sections 44 and 45 apply mutatis mutandis.


         47 (1) Notwithstanding Sections 44, 45 and 46, where, after July 31, 1998, in
accordance with an agreement between the Collège and bargaining agents representing
employees of the Collège, the Collège establishes a pension plan for the
employees of the
Collège

                (a) a person who becomes an employee of the Collège after July 31, 1998,
            is a member of the pension plan;

                (b) all employees of the Collège on July 31, 1998, who are members of the
            Public Service Superannuation Fund continue to be employees within the meaning
            of the Public Service Superannuation Act unless they elect, in writing in the form
            approved by the Superintendent of Pensions, to become members of the pension
            plan; and

                (c) all employees of the Collège on July 31, 1998, who are members of the
            Teachers' Pension Fund become members of the pension plan unless

                    (i)  they elect, in writing in the form approved by the Superintendent
                of Pensions, to continue to be employees within the meaning of the Teachers'
                Pension Act, and

                    (ii) the Board of Trustees of the Teachers' Pension Plan approve of
                the election referred to in subclause (i).

            (2) Where an employee of the Collège does not make an election pursuant to
clauses (1)(b) or (c), Sections 44, 45 and 46 continue to apply with respect to that employee after
the expiry of the time for making the election.

            (3) Where an employee at the Collège elects pursuant to subsection (1) to
become
a member of the pension plan,

                (a) for the purpose of determining the eligibility of the employee to a
            deferred superannuation allowance under the Public Service Superannuation Act
            or the Teachers' Pension Act, as the case may be, service with the Collège is to
be
            recognized; and

                (b) for the purpose of determining the eligibility of the employee to a
            pension under the pension plan, service under the Public Service Superannuation
            Act or the Teachers' Pension Act, as the case may be, is to be recognized.

            (4) The Collège is a successor employer for purposes of the Pension Benefits
Act.


         48 Notwithstanding anything contained in this Part, until the first Board is appointed
pursuant to this Part, the Minister shall exercise all of the powers and duties of the Board under
this Part.


         49 (1) The Governor in Council may make regulations

                (a) defining any word or expression used but not defined in this Part;

                (b) the Governor in Council considers necessary or advisable to carry out
            effectively the intent and purpose of this Part.

            (2) The exercise by the Governor in Council of the authority contained in
subsection (1) is regulations within the meaning of the Regulations Act.


                           PART II

                NOVA SCOTIA COMMUNITY COLLEGE

         50 In this Part,

            (a) "auditor of the College" means an auditor appointed pursuant to Section 73;

            (b) "Board" means the Board of Governors of the College;

            (c) "College" means the Nova Scotia Community College established pursuant
         to this Part;

            (d) "College certificate" means a certificate granted by the Board;

            (e) "College diploma" means a diploma granted by the Board;

            (f) "Minister" means the Minister of Education and Culture;

            (g) "predecessor College" means the Nova Scotia Community College as it
         existed prior to the coming into force of this Part, but does not include the predecessor
         College as defined in Section 2;

            (h) "President" means the President of the College;

            (i) "program of study" means a group of courses that leads to the granting of a
         College diploma or College certificate;

            (j) "student" means a person enrolled in the current academic year as a student
         of the College;

            (k) "students' association" means a students' association of the College.


         51 There is hereby established a body corporate to be known as the Nova Scotia
Community College.


         52 The College is a post-secondary institution and is responsible for enhancing the
economic and social well-being of the Province by meeting the occupational training
requirements of the population and the labour market of the Province and, without restricting
the generality of the foregoing, the College may

            (a) offer education and training and related services for full and part-time
         students;

            (b) provide education and training and related services to governments,
         corporations and other bodies and persons consistent with the mandate of the College, on
         terms and conditions the College considers appropriate;

            (c) participate in joint programs with respect to education and training and
         related services developed and delivered in conjunction with other post-secondary
         institutions and educational bodies.


         53 (1) The Minister may

                (a) appoint a person or a committee to review and evaluate any program
            or service offered by the College, the mandate of the College or any other matter
            relating to the development, content or delivery of a program or service by the
            College;

                (b) appoint a person to examine, inspect or audit the financial condition,
            administrative condition or any other matter related to the management and
            operation of the College;

                (c) recommend the appointment of an administrator of the College
            pursuant to Section 82.

            (2) For the purpose of subsection (1), a person or committee appointed by the
Minister has the powers, privileges and immunities of a commissioner appointed pursuant to the
Public Inquiries Act and may examine and inspect any records, documents and things in the
possession or under the control of the College and make any inquiries the person or committee
thinks appropriate.

            (3) A person having custody of records, documents or things referred to in
subsection (2) shall make them available to the person or committee appointed by the Minister
at the time they are requested.


         54 (1) In this Section,

                (a) "suspension" means the removal of one or more sections of a program
            of study for a definite or indefinite period or permanently;

                (b) "transfer" means to move a program of study from one campus of the
            College to another campus of the College.

            (2) The Board shall

                (a) establish programs of study for the College consistent with the mandate
            of the College; and

                (b) establish guidelines for the establishment, expansion, suspension or
            transfer of any program of study, service or facility of the College to ensure the
            orderly growth and development of the College.

            (3) The programs of study and the guidelines referred to in subsection (2) shall
be approved by the Minister.


         55 The Minister may delegate to any person or body of persons any of the powers,
duties and functions conferred or imposed on the Minister pursuant to this Part.


         56 (1) There shall be a Board of Governors of the College consisting of

                (a) two students of the College elected by the students of the College;

                (b) one academic staff member of the College elected by the academic staff
            members of the College;

                (c) one administrative staff member of the College elected by the
            administrative staff members of the College;

                (d) one support staff member of the College elected by the support staff of
            the College;

                (e) not fewer than five and not more than seven persons nominated by the
            Minister; and

                (f) not fewer than five and not more than seven persons appointed by the
            Board.

            (2) The Board is the governing body of the College.

            (3) When making appointments pursuant to clause (1)(f), the Board shall appoint
members from a list of nominations put forward to the Board by a nominating committee of the
Board.

            (4) The majority of the members of the nominating committee referred to in
subsection (3) shall be persons who are not members of the Board.

            (5) In addition to the persons referred to in subsection (1), the President is an ex
officio non-voting member of the Board.

            (6) The members of the Board appointed pursuant to clause (1)(a) shall be
appointed for a term of one year and all other members of the Board shall be appointed for a
term not to exceed three years.

            (7) A member of the Board continues to hold office after the expiry of the
member's term until the member is re-appointed, the member's successor is appointed or a
period of three months has expired, whichever first occurs.

            (8) A member of the Board appointed pursuant to subsection (1) may be re-appointed but
shall not hold office for more than two consecutive terms.

            (9) The Board may fill a vacancy on the Board by appointing a person to fill the
unexpired term of office of the former member and an appointment pursuant to this subsection
is not a term of office for the purpose of subsection (8).

            (10)    Where a person appointed to the Board pursuant to clause (1)(a), (b), (c) or
(d) ceases to be a student or an employee of the College, that person ceases to be a member of
the Board.

            (11)    Notwithstanding subsection (10), a student appointed pursuant to clause
(1)(a) who graduates before the expiration of their term of office on the Board, may remain a
member of the Board until the expiration of the term of office.

            (12)    Where a member of the Board fails to attend three consecutive regular
meetings of the Board without an excuse acceptable to the Board, the member's appointment
shall be revoked by the Board.

            (13)    A vacancy on the Board does not impair the ability of the Board to act.

            (14)    Notwithstanding anything contained in this Section, the Minister shall appoint
the first Board.


         57 No member of the Board and no member of a committee is entitled to be reimbursed
for that member's service as a member of the Board or a committee of the Board but each
member of the Board or a committee of the Board is entitled to actual and reasonable expenses
necessarily incurred as a member of the Board or a member of a committee, in accordance with
a policy adopted by the Board.


         58 A majority of the members of the Board constitutes a quorum.


         59 (1) The Board shall annually elect at its first meeting from among its members
a chair and a vice-chair.

            (2) A person appointed pursuant to clause 56(1)(a), (b), (c) or (d) and the
President are not eligible to be elected as the chair or vice-chair of the Board.

            (3) A person elected as the chair or vice-chair of the Board may be re-elected to
that position.

            (4) In the case of the absence or incapacity of the chair or vice-chair or, where
there is a vacancy in either of those offices, the Board may designate one of its members, other
than a person appointed pursuant to clause 56(1)(a), (b), (c) or (d), to act as chair or vice-chair,
as the case may be, on an interim basis.

            (5) The chair of the Board shall only vote in the event of a tie.

            (6) The Board shall appoint such officers as the by-laws of the Board may
provide.

            (7) Notwithstanding anything contained in this Section, the Minister shall appoint
the first chair of the Board.


         60 (1) The Board shall appoint and determine the terms and conditions of
employment of a President who shall be the chief executive officer of the College.

            (2) Subject to the direction of the Board, the President is responsible for the
general management and direction of the College including

                (a) the policies, programs and services of the College;

                (b) the business affairs of the College; and

                (c) such other matters as may be delegated by the Board to the President.

            (3) The term of office of the President shall not exceed five years and the
President may be re-appointed.

            (4) The process adopted by the Board for the appointment, review and removal
of a President is subject to the approval of the Minister.


         61 (1) The Board may make by-laws respecting the calling of its meetings, notice to
Board members and the public and the conduct of business at meetings, and generally regulating
the conduct of its business and affairs.

            (2) By-laws of the Board made pursuant to subsection (1) shall be open to
examination by the public during the normal office hours of the College.

            (3) Subject to subsection (4), all meetings of the Board shall be open to the public
and no person shall be excluded from a meeting except for improper conduct as determined by
the Board.

            (4) Nothing in this Section prevents the members of the Board from meeting in
private to discuss matters related to personnel, the acquisition, sale, lease and security of
property, labour relations, legal opinions and other similar matters.


         62 Subject to this Part, the Board has the power to manage and control the College and
its property, revenue, business and affairs.


         63 The Board shall

            (a) provide programs of study and related services consistent with the mandate
         of the College;

            (b) provide for the granting of certificates and diplomas;

            (c) determine policies with respect to the organization, administration and
         operation of the College and determine policies not inconsistent with the guidelines
         referred to in Section 54 with respect to programs of study of the College;

            (d) ensure that the business and affairs of the College are conducted in
         accordance with this Part;

            (e) evaluate programs of study on a regular basis in accordance with guidelines
         approved by the Minister;

            (f) be responsible, in respect of the expenditures by the Board, for the operation
         of the College from the funds provided and for accounting for those expenditures;

            (g) meet at least four times each year and hold any other meetings that the Board
         considers appropriate;

            (h) prepare and maintain full and accurate records of its proceedings,
         transactions and finances;

            (i) develop and adopt conflict of interest guidelines for members of the Board
         and employees of the College;

            (j) establish a public tender and procurement policy;

            (k) establish a fair hiring policy;

            (l) establish a performance-evaluation system for employees of the College;

            (m) establish a policy to prevent harassment and discrimination of students and
         employees of the College;

            (n) subject to the approval of the Minister, establish an admissions policy for the
         College;

            (o) with the approval of the Governor in Council, establish a tuition policy for
         the College and a schedule of tuition fees;

            (p) establish, by by-law, procedures for the appointment of members of
         committees, including the chair of a committee;

            (q) establish a policy for the reimbursement of expenses incurred by members of
         the Board and committees of the Board;

            (r) make available publications of the programs of study, admission requirements
         and fees of the College;

            (s) publish an annual academic report that includes student information
         respecting enrollment, attrition, graduation and graduate employment placement and such
         other information as the Minister requires;

            (t) develop and maintain a multi-year operating plan and a multi-year capital
         plan; and

            (u) at least every five years, conduct a special organizational and operational
         review of the College in accordance with guidelines approved by the Minister.


         64 The Board may

            (a) establish, suspend or transfer to another campus of the College a program
         of study in accordance with guidelines established pursuant to Section 54;

            (b) establish extension programs and courses other than programs of study;

            (c) provide for the discipline of students with the power to expel, suspend, fine
         or levy assessments for damages done to property;

            (d) provide, and facilitate the providing of, scholarships and bursaries to
         students;

            (e) prescribe fees, other than tuition fees for programs of study;

            (f) subject to the Government Records Act, make by-laws with respect to the
         preservation, destruction or disposal of records of the College;

            (g) act as a trustee of any money or property given in any manner for the support
         of the College or its students;

            (h) authorize the establishment of a charitable foundation, as defined in the
         Income Tax Act (Canada), to benefit, directly or indirectly, the College and its students;

            (i) co-operate with any college, university, school or other institution, body or
         person to achieve the mandate of the College;

            (j) enter into agreements for the purpose of performing its duties or exercising
         its powers pursuant to this Part;

            (k) by by-law, establish a procedure for the signing of cheques and other
         documents by mechanical or other means;

            (l) do any other thing that the Board considers necessary or advisable to carry
         out the mandate of the College.


         65 (1) Subject to the approval of the Governor in Council and to the Provincial
Finance Act, the Minister, on behalf of Her Majesty in right of the Province, may, for the
purpose of establishing, maintaining, assisting, expanding, constructing or equipping facilities
of the College,

                (a) purchase or otherwise acquire, hold, improve and maintain any real
            and personal property and lease, sell or convey the same for such consideration and
            on such conditions as the Minister deems proper;

                (b) construct, improve, renovate, alter, add to, repair, extend, provide
            services for, move or remove any building, chattel or other thing;

                (c) purchase or otherwise acquire control of a facility from any person  on
            such terms and in such manner as the Minister deems proper;

                (d) do such things and exercise such powers as the Minister deems
            desirable to carry out the intent and purpose of this Part.

            (2) Such sums as are authorized by subsection (1) may be chargeable to or paid
out of the Capital Account, the Special Reserve Account or the Revenue of the Province for any
year or years.

            (3) Subject to the approval of the Governor in Council, the Minister may, for and
on behalf of Her Majesty in right of the Province, execute all necessary agreements or other
instruments whatsoever deemed necessary or desirable to carry out the intent and purpose of this
Part.


         66 (1) The Board may

                (a) purchase, lease or receive as a gift or otherwise any real or personal
            property that it considers necessary for the efficient operation of the College;

                (b) sell, lease or otherwise dispose of any of its property that it considers
            to be no longer necessary for the purpose of the College.

            (2) The Board shall manage, insure, maintain, repair, alter or improve any
property of the College and may construct or erect on property of the College any buildings,
structures or any other improvements.

            (3) Where property is owned by Her Majesty in right of the Province and used
by the College for the purpose of the College, the Board shall assess the need for new buildings
and repairs or alterations to existing buildings and make recommendations to the appropriate
Government department.

            (4) Where property owned by Her Majesty in right of the Province is, in the
opinion of the Board, no longer required for the purpose of the College, the Board shall notify
the Minister.

            (5) Where a building owned by the College and used for the purpose of the
College is sold or partially or completely destroyed, the College shall pay the proceeds of any
sale or insurance recovery into a special reserve fund and that fund shall only be used by the
College for capital projects.

            (6) The Board may enter into an agreement with a department of Government
whereby the College assumes responsibility for the maintenance, repair, alteration or
improvement of property of Her Majesty used for the purpose of the College.

            (7) Where property of Her Majesty in right of the Province is transferred to the
College to be used for the purpose of the College, all liabilities and obligations with respect to
that property are the liabilities and obligations of the College.


         67 (1) The Board may establish program advisory committees for one or more
programs of study offered at the College to be comprised of members appointed by the Board.

            (2) The duty of a program advisory committee is to advise the Board and make
recommendations to the Board regarding programs of study and new programs of study and
perform such other functions as are determined by the Board.


         68 (1) The Board may establish advisory committees for one or more campuses of
the College to be comprised of members appointed by the Board.

            (2) The duty of an advisory committee is to assist the Board to ensure that the
campuses of the College are meeting the needs of the communities and regions they serve and
perform such other functions as are determined by the Board.

            (3) The Board may establish other committees that the Board considers necessary
for the management and operation of the College.


         69 The President is an ex officio, non-voting member of all committees established by
the Board.


         70 The fiscal year of the Board is the same as the fiscal year of the Province.


         71 (1) Before the beginning of each fiscal year, the Board shall prepare an annual
estimate of all sums that are required for the lawful purposes of the College for the fiscal year.

            (2) The annual estimate referred to in subsection (1) shall be consistent with the
multi-year operating and capital plans of the College.

            (3) The Board shall submit its annual estimate to the Minister for approval in the
form and at the time determined by the Minister.

            (4) The Minister may approve the annual estimate submitted pursuant to
subsection (3) or may, after consultation with the Board, amend the estimate, and the Board
shall adopt the annual estimate as approved or amended by the Minister.


         72 (1) The Board shall, at the end of each fiscal year, prepare and submit to the
Minister, by a date determined by the Minister, an annual report of the operations of the College
during the preceding fiscal year and the report shall include audited financial statements of the
College and any other information that the Minister requests.

            (2) Upon receipt of the annual report referred to in subsection (1), the Minister
shall table the report in the House of Assembly or, if the Assembly is not then sitting, with the
Clerk of the Assembly.


         73 The Board shall annually appoint a person who is a licensed public accountant or
a firm in which a member is a licensed public accountant to be the auditor of the College and
the auditor shall make all examinations that are, in the opinion of the auditor, necessary to
enable the auditor to report accurately on the financial statements of the College and on the state
of the financial affairs of the College.


         74 The Board may establish and maintain accounts in the name of the College with a
bank, trust or loan company, credit union or other similar financial institution.


         75 (1) Subject to subsections (2) and (3), the Board may, for the sound and efficient
management of any money of the College, establish and adhere to investment policies, standards
and procedures that a reasonable and prudent person would apply in respect of a portfolio of
investments and loans to avoid undue risk of loss and to obtain a reasonable return.

            (2) The Governor in Council may make regulations prescribing or prohibiting
the investment of money and prescribing investments or classes of investments in which such
money may be invested for the sound and efficient management of any money of the College.

            (3) Nothing in this Section permits the Board to invest money received under a
trust in investments that are expressly forbidden by the instrument, if any, creating the trust.

            (4) For the purpose of receiving, holding, managing or applying any devised,
bequest or trust under or arising out of the Will of James Barclay Hall, late of Lawrencetown
in the County of Annapolis, the Board is deemed to be a trustee of the Nova Scotia College of
Geographic Sciences, which facility is hereby continued as a campus of the College.


         76 (1) Subject to the approval of the Minister, the College may, from time to time,
borrow or raise money for operating purposes by way of overdraft, line of credit, loan or
otherwise upon the credit of the College.

            (2) The terms and conditions of a temporary loan, overdraft or line of credit shall
be determined by resolution of the Board.

            (3) The payment of principal and interest on temporary borrowings pursuant to
this Section may be guaranteed by Her Majesty in right of the Province on such terms as may
be approved by the Governor in Council.


         77 (1) Subject to the approval of the Governor in Council, the College may

                (a) raise money by way of loan on the credit of the College and issue notes,
            bonds, debentures or other securities;

                (b) sell or otherwise dispose of notes, bonds, debentures or other securities
            for such sums and at such prices as are considered expedient;

                (c) raise money by way of loan on any securities;

                (d) pledge or hypothecate any securities as collateral security.

            (2) The powers conferred on the College pursuant to subsection (1) may be
exercised

                (a) only for the repayment of notes, bonds, debentures or other securities
            issued by the College; or

                (b) in cases to which clause (a) does not apply, only to the extent permitted
            by this Part or an Act of the Legislature.

            (3) When securities are pledged or hypothecated by the College as security for
a loan that is later paid off, the securities are not thereby extinguished but are still alive and may
be re-issued and sold or pledged as if the former pledging had not taken place.

            (4) Notes, bonds, debentures and other securities authorized pursuant to this
Section shall be in a form, bear a rate or rates of interest and be payable as to principal, interest
and premium, if any, in the currency of a country or countries, at times and places and in the
amounts and manner and on any other terms and conditions that the Board, with the approval
of the Governor in Council, may determine.

            (5) Notes, bonds, debentures and other securities authorized pursuant to this
Section shall

                (a) be sealed with the seal of the College;

                (b) together with any coupons, be signed by the chair of the Board and one
            other member of the Board; and

                (c) be countersigned by an officer appointed by the Board for that purpose.

            (6) The seal of the College may be engraved, lithographed, printed or otherwise
mechanically reproduced on a note, bond, debenture or other security, and the signature of the
chair of the Board and the member of the executive committee on a note, bond, debenture or
other security may be engraved, lithographed, printed or otherwise mechanically reproduced
and has the same effect as if manually affixed, and any such signature is for all purposes valid
and binding on the College, notwithstanding that a person whose signature is so reproduced has
ceased to hold office.

            (7) A recital or declaration in a resolution or the minutes of the Board
authorizing the issue or sale of notes, bonds, debentures or other securities, to the effect that the
amount of notes, bonds, debentures or other securities is so authorized and is necessary to
realize the net sum authorized or required to be raised by way of loan, is conclusive evidence of
that fact.


         78 (1) The payment of the principal, interest and premium, if any, of any notes,
bonds, debentures or other securities issued by the College, may be guaranteed by Her Majesty
in right of the Province on such terms and in a form and manner as may be approved by the
Governor in Council.

            (2) A guarantee pursuant to subsection (1) shall be signed by the Minister of
Finance or such other officer or officers as may be designated by the Governor in Council and,
on its being signed, Her Majesty in right of the Province is liable for the payment of the
principal, interest and premium, if any, of the notes, bonds, debentures and securities
guaranteed, according to the terms of the guarantee.

            (3) The signature of the Minister of Finance or of an officer or officers for which
provision is made in subsection (2) may be engraved, lithographed, printed or otherwise
mechanically reproduced, and the mechanically reproduced signature of such a person is for all
purposes valid and binding on Her Majesty in right of the Province, notwithstanding that any
person whose signature is so reproduced has ceased to hold office.


         79 (1) The Minister may make payments to the College out of money appropriated
by the Legislature for that purpose.

            (2) Payments made to the College pursuant to subsection (1) are financial
assistance for the purpose of the Auditor General Act and are subject to audit by the Auditor
General.


         80 (1) For each campus of the College there may be a students' association to
provide for the administration of the affairs of the students of the campus.

            (2) Subject to the approval of the Board, a students' association may be
incorporated with a corporate name that includes the name of the College or a campus of the
College.


         81 (1) A students' association may set student activity fees.

            (2) The College may collect student activity fees and require the payment of the
fees before registering a student.

            (3) Student activity fees collected pursuant to subsection (2) shall be paid to the
students' association of the campus to which the fees apply.

            (4) A students' association shall apply the fees received pursuant to subsection
(3) to the provision and promotion of such social, educational and recreational activities and
services for the benefit of students as the association considers advisable.


         82 (1) The Governor in Council may, on the recommendation of the Minister,
appoint a person as administrator of the College if

                (a) the Board takes up a practice or tolerates a situation incompatible with
            the mandate of the College or this Part;

                (b) in the opinion of the Minister, financial or significant operational
            problems exist with respect to the College; or

                (c) in the opinion of the Minister, it is otherwise in the public interest to
            do so.

            (2) The administrator appointed pursuant to subsection (1) shall be paid the
remuneration and expenses that the Governor in Council determines and payment shall be made
out of the funds of the College.


         83 (1) On the appointment of an administrator pursuant to this Part, the
appointments of the members of the Board terminate.

            (2) During the period of the administrator's appointment, the administrator is
the sole member of the Board and, in the name of the Board, may exercise the powers and
perform the duties of the Board.

            (3) The administrator shall act in accordance with any directions given by the
Minister.

            (4) The President is subject to the direction of the administrator.

            (5) Where the office of President is or becomes vacant during the appointment
of an administrator, the requirement to appoint a President is suspended, and while the office
of President is vacant, the administrator shall perform the duties and exercise the powers
otherwise vested in the President.


         84 (1) The Governor in Council may, on the recommendation of the Minister, order
the disestablishment of the Board on terms and conditions, and with a disposition of assets and
liabilities, that the Governor in Council deems appropriate.

            (2) On disestablishment of the Board pursuant to subsection (1),

                (a) all the rights and property of the Board become the rights and property
            of Her Majesty in right of the Province; and

                (b) all debts and obligations of the Board become debts and obligations
            of Her Majesty.


         85 Documents required to be in writing and to which the Board is a party are properly
executed if the corporate name is witnessed by the signatures of

            (a) the chair of the Board or another person authorized by the Board; and

            (b) an officer of the College authorized by the Board.


         86 (1) No action or other proceeding for damages lies or shall be instituted against
the Board, a member of the Board, the President or an officer or employee of the College or an
agent of the College for an act or omission done in good faith in the execution or intended
execution of any power or duty pursuant to this Part or the regulations.

            (2) No action or other proceeding for damages lies or shall be instituted against
the President, a member of the Board or any person acting under the direction of the President
or a member of the Board for a debt, liability or obligation of the College or the Board.

            (3) No action or other proceeding for damages lies or shall be instituted against
the College, the Board or any member of the Board or an administrator, officer or employee of
the College, in respect of an act or omission of a student or students, whether organized as a
students' association or not, arising out of any association or activity organized, managed,
controlled or done, in whole or in part, by a student or students.


         87 (1) In this Section, "employee at the predecessor College" means a person
employed at the predecessor College and appointed in accordance with the Civil Service Act or
employed by the Minister, excluding teachers employed under a collective agreement in force
under the Teachers' Collective Bargaining Act.

            (2) On the coming into force of this Section,

                (a) every employee at the predecessor College ceases to be a person
            appointed in accordance with the Civil Service Act or a person employed by the
            Minister and becomes an employee of the College;

                (b) each bargaining unit in the civil service that includes employees of the
            College is and is deemed to be two separate bargaining units, namely

                    (i)                          a non-civil service bargaining unit composed of the members of
                the bargaining unit who are employees of the College, and

                    (ii)                         a civil service bargaining unit composed of the members of the
                bargaining unit who are not employees of the College,

            and the collective agreements so affected are deemed to be amended accordingly
            and shall be given effect as if the bargaining units were always separate;

                (c) the Civil Service Act and regulations made pursuant to that Act and the
            Civil Service Collective Bargaining Act do not apply to employees of the College;

                (d) policies and procedures applicable to civil servants do not apply to
            employees of the College, except to the extent that they are adopted by the College;

                (e) subject to clauses (a) and (b) and notwithstanding clauses (c) and (d),
            every employee of the College who was an employee at the predecessor College is
            employed by the College on the same or equal terms and conditions as to salary and
            benefits as those under which the employee was an employee at the predecessor
            College and until changed by collective agreement or contract of employment; and

                (f) the College and employees of the College covered by a collective
            agreement concluded pursuant to the Civil Service Collective Bargaining Act and
            their bargaining agent are bound by the collective agreement as if the College were
            party to the collective agreement as the employer and as if the collective agreement
            were concluded pursuant to the Trade Union Act by a bargaining agent certified
            pursuant to that Act.

            (3) In clause (2)(e), "benefits" means benefits contained in a collective agreement
or contract of employment.

            (4) Every employee of the College who was an employee at the predecessor
College is deemed to have been employed by the College for the same period of employment that
the employee was credited with as an employee at the predecessor College.

            (5) For greater certainty,

                (a) nothing in this Section means or shall be construed to mean that there
            has been a termination of employment of an employee at the predecessor College;
            and

                (b) benefits accumulated by an employee at the predecessor College while
            employed at the predecessor College are vested in the employee and the employee
            is entitled to receive those benefits from the College.


         88 (1) In this Section, "teacher" means a person employed at the predecessor
College by the Minister under a collective agreement in force under the Teachers' Collective
Bargaining Act.

            (2) On the coming into force of this Section,

                (a) every teacher ceases to be an employee of the Minister and becomes an
            employee of the College;

                (b) the Teachers' Collective Bargaining Act does not apply to employees
            of the College;

                (c) subject to this Section, every teacher is employed by the College on the
            same or equal terms and conditions as to salary and benefits as those under which
            the teacher was an employee of the Minister immediately before the coming into
            force of this Section and until changed by collective agreement; and

                (d) the College, teachers and the bargaining agent for teachers are bound
            by the collective agreement concluded pursuant to the Teachers' Collective
            Bargaining Act as if the College were party to the collective agreement as the
            employer and as if the collective agreement were concluded pursuant to the Trade
            Union Act by a bargaining agent certified pursuant to that Act.

            (3) In clause (2)(c), "benefits" means benefits contained in a collective agreement
or contract of employment.

            (4) Every teacher of the College who was an employee at the predecessor College
is deemed to have been employed by the College for the same period of employment that the
teacher was credited with as an employee of the Minister.

            (5) For greater certainty,

                (a) nothing in this Section means or shall be construed to mean that there
            has been a termination of employment of a teacher at the predecessor College; and

                (b) benefits accumulated by a teacher while employed by the Minister at
            the predecessor College are vested in the teacher and the teacher is entitled to
            receive those benefits from the College.


         89 (1) For greater certainty, the College is a transferee for the purpose of Section
31 of the Trade Union Act and, without limiting the generality of the foregoing,

                (a) the College is bound by successor rights as determined pursuant to the
            Trade Union Act; and

                (b) subject to the Trade Union Act, the College and persons previously
            employed at the predecessor College under collective agreements, are bound by the
            collective agreements as if the College were a party to those agreements.

            (2) The Public Sector Compensation (1994-97) Act applies to the College and
members and employees of the College except that, notwithstanding subsections 3(4) of that Act,

                (a) Section 23 of that Act does not apply;

                (b) the Labour Relations Board may exercise all of its powers under the
            Trade Union Act but the total effect of any changes to collective agreements shall
            not increase the total cost of all compensation in respect of all employees to whom
            the collective agreements changed apply and the pay rates, as defined by the Public
            Sector Compensation (1994-97) Act, are not more than permitted by that Act; and

                (c) no change shall be made in a collective agreement without the approval
            of the Labour Relations Board in accordance with clause (b).

            (3) Where the Labour Relations Board, in applying subsection (1) or (2),
determines that those employees, of the College, who were not previously included in a
bargaining unit that includes employees at the predecessor College are to be included in a
bargaining unit of the College, those employees are deemed to have seniority credits with the
College equal to the employment service they had with the predecessor College.

            (4) The right of an employee at the predecessor College to employment with the
College in a bargaining unit position is not affected by whether that employee was previously
employed pursuant to a collective agreement and the employee is deemed to have seniority
credits with the College equal to the employee's service with the predecessor College.

            (5) In subsections (3) and (4), "employee" means an employee as defined in
Section 2 of the Trade Union Act but, for greater certainty, does not include those described in
subsection 2(2) of that Act.

            (6) Where, in the opinion of the Minister of Labour, the workload of the Labour
Relations Board requires additional members, the Governor in Council may, in addition to the
Vice-chair appointed pursuant to subsection 16(4) of the Trade Union Act, appoint additional
members and vice-chairs to the Labour Relations Board for such period of time as is set out in
the appointment.

            (7) An appointment pursuant to subsection (6) does not increase the quorum of
the Labour Relations Board.


         90 Notwithstanding any other provision of this Part, Section 71 of the Labour
Standards Code does not apply to a period of employment with the predecessor College.


         91 Subject to any applicable collective agreement or contract of employment, the
College shall provide long-term disability benefits for the employees at the predecessor College
who were members of the Nova Scotia Public Service Long-Term Disability Plan immediately
before the coming into force of this Section, such benefits to be the same as or equal to the
benefits under the Plan, and the assets and liabilities of the Plan in respect of the employees at
the predecessor College shall be transferred to the College.


         92 (1) In this Section,

                (a) "employee at the predecessor College" means an employee who,
            immediately before this Section comes into force, was an employee within the
            meaning of the Public Service Superannuation Act;

                (b) "Fund" means the Public Service Superannuation Fund established
            pursuant to the Public Service Superannuation Act.

            (2) Notwithstanding anything in this Part,

                (a) each employee at the predecessor College is deemed to continue to be
            a person employed in the public service of the Province for all purposes of the
            Public Service Superannuation Act and service in the employment of the College is
            deemed to be service in the public service of the Province;

                (b) the College shall deduct from the salary of each employee at the
            predecessor College such amount as is directed by the Governor in Council to be
            deducted from the salary of employees in the public service of the Province and
            shall pay the same to the Minister of Finance, and such amounts when so received
            shall be paid into and form part of the Fund; and

                (c) where by the Public Service Superannuation Act a matching payment
            is directed to be made into the Fund by the Government or the Minister of Finance
            or where by that Act a superannuation allowance or other sum is directed to be
            paid out of the Consolidated Fund of the Province, then, in respect of an employee
            at the predecessor College, the payment, superannuation allowance or other sum
            shall be paid by the College and shall form part of the annual expenses of the
            College.


         93 (1) In this Section,

                (a) "employee at the predecessor College" means an employee who,
            immediately before this Section comes into force, was a teacher within the meaning
            of the Teachers' Pension Act;

                (b) "Fund" means the Nova Scotia Teachers' Pension Fund established
            pursuant to the Teachers' Pension Act.

            (2) Notwithstanding anything in this Part,

                (a) each employee at the predecessor College is deemed to continue to be
            a person employed as a teacher for all purposes of the Teachers' Pension Act;

                (b) the College shall deduct from the salary of each employee at the
            predecessor College such amount as is directed by the Governor in Council to be
            deducted and shall pay the same to the Minister of Finance, and such amounts when
            so received shall be paid into and form part of the Fund; and

                (c) where by the Teachers' Pension Act a matching payment is directed to
            be made into the Fund by the Government or the Minister of Finance or where by
            that Act a superannuation allowance or other sum is directed to be paid out of the
            Consolidated Fund of the Province, then, in respect of an employee at the
            predecessor College, the payment, superannuation allowance or other sum shall be
            paid by the College and shall form part of the annual expenses of the College.


         94 A person who becomes an employee of the College, on or after the coming into force
of Sections 92 and 93, is a member of the Public Service Superannuation Plan unless that person
is a teacher as defined in the Teachers' Pension Act, in which case, that person is a member of
the Teachers' Pension Plan and Sections 92 and 93 apply mutatis mutandis.


         95 (1) Notwithstanding Sections 92, 93 and 94, where, after July 31, 1998, in
accordance with an agreement between the College and bargaining agents representing
employees of the College, the College establishes a pension plan for the employees of the
College

                (a) a person who becomes an employee of the College after July 31, 1998,
            is a member of the pension plan;

                (b) all employees of the College on July 31, 1998, who are members of the
            Public Service Superannuation Fund continue to be employees within the meaning
            of the Public Service Superannuation Act unless they elect, in writing in the form
            approved by the Superintendent of Pensions, to become members of the pension
            plan; and

                (c) all employees of the College on July 31, 1998, who are members of the
            Teachers' Pension Fund become members of the pension plan unless

                    (i)  they elect, in writing in the form approved by the Superintendent
                of Pensions, to continue to be employees within the meaning of the Teachers'
                Pension Act, and

                    (ii) the Board of Trustees of the Teachers' Pension Plan approve of
                the election referred to in subclause (i).

            (2) Where an employee of the College does not make an election pursuant to
clauses (1)(b) or (c), Sections 92, 93 and 94 continue to apply with respect to that employee after
the expiry of the time for making the election.

            (3) Where an employee at the College elects pursuant to subsection (1) to become
a member of the pension plan,

                (a) for the purpose of determining the eligibility of the employee to a
            deferred superannuation allowance under the Public Service Superannuation Act
            or the Teachers' Pension Act, as the case may be, service with the College is to be
            recognized; and

                (b) for the purpose of determining the eligibility of the employee to a
            pension under the pension plan, service under the Public Service Superannuation
            Act or the Teachers' Pension Act, as the case may be, is to be recognized.

            (4) The College is a successor employer for purposes of the Pension Benefits Act.


         96 Notwithstanding anything contained in this Part, until the first Board is appointed
pursuant to this Part, the Minister shall exercise all of the powers and duties of the Board under
this Part.


         97 (1) The Governor in Council may make regulations

                (a) defining any word or expression used but not defined in this Part;

                (b) the Governor in Council considers necessary or advisable to carry out
            effectively the intent and purpose of this Part.

            (2) The exercise by the Governor in Council of the authority contained in
subsection (1) is regulations within the meaning of the Regulations Act.


                           PART III

                   REPEAL AND PROCLAMATION

         98 Chapter 495 of the Revised Statutes, 1989, the Nova Scotia Community College Act,
is repealed.


         99 This Act comes into force on such day as the Governor in Council orders and
declares by proclamation.