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BILL NO. 55

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

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




                          CHAPTER 4
                       ACTS OF 1995-96




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


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           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 Collège 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
         Collège 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 to the Board pursuant
to clauses (1)(e) and (f), the Minister and the Board shall take
into consideration the desirability of achieving on the Board an
equitable representation of the diversity of educational and
community interests served by the programs and services of the
Collège.

            (4) 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.

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

            (6) In addition to the persons referred to in subsection
(1), the President is an ex officio non-voting member of the
Board.

            (7) 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.

            (8) 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.

            (9) 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.

            (10)    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 (9).

            (11)    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.

            (12)    Notwithstanding subsection (11), 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)    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.

            (14)    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.

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

            (16)    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 (1) 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.

            (2) In establishing policies and by-laws of the
Collège, the Board shall ensure, to the extent
reasonable, that such policies and by-laws are consistent with
the principles and goals of employment and educational equity.


         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 collège, 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) transfer to the Collège any real or
            personal property on such conditions as the Minister
            deems proper;

                (e) 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.

            (4) The Board is bound by agreements entered into by
the Minister prior to the coming into force of this Part which,
in the opinion of the Minister, are 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) The use of the name of the Collège or a
campus of the Collège in the name of an incorporated
students' association is subject to the approval of the Board.


         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 prede-
            cessor 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 during the period of
            employment that the employee was credited with as an
            employee 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 subsection 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 or that they were
credited with as employees at 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 service that the employee
was credited with as an employee at 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 pension or benefit 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, pension or
            benefit 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
            continue to be members of the Teachers' Pension Fund
            unless they elect, in writing in the form approved by the
            Superintendent of Pensions, to become members of the
            pension plan.

            (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
            or deferred pension 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
         Collège 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 to the Board pursuant
to clauses (1)(e) and (f), the Minister and the Board shall take
into consideration the desirability of achieving on the Board an
equitable representation of the diversity of educational and
community interests served by the programs and services of the
College.

            (4) Before making appointments to the Board pursuant
to clause (1)(e), the Minister shall request from the academic
staff members of the College the name of an academic staff
member to be considered for appointment to the Board by the
Minister.

            (5) 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.

            (6) The majority of the members of the nominating
committee referred to in subsection (5) shall be persons who
are not members of the Board.

            (7) In addition to the persons referred to in subsection
(1), the President is an ex officio non-voting member of the
Board.

            (8) 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.

            (9) 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.

            (10)    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.

            (11)    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 (10).

            (12)    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.

            (13)    Notwithstanding subsection (12), 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.

            (14)    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.

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

            (16)    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 (1) 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.

            (2) In establishing policies and by-laws of the College,
the Board shall ensure, to the extent reasonable, that such
policies and by-laws are consistent with the principles and
goals of employment and educational equity.


         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) transfer to the College any real or personal
            property on such conditions as the Minister deems
            proper;

                (e) 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.

            (4) The Board is bound by agreements entered into by
the Minister prior to the coming into force of this Part which,
in the opinion of the Minister, are 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) The use of the name of the College or a campus of
the College in the name of an incorporated students'
association is subject to the approval of the Board.


         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 during the period of employment
            that the employee was credited with as an employee 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 subsection 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
or that they were credited with as employees at 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 service that the employee was credited with as an
employee at 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 pension or benefit 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, pension or benefit
            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
            continue to be members of the Teachers' Pension Fund
            unless they elect, in writing in the form approved by the
            Superintendent of Pensions, to become members of the
            pension plan.

            (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
            or deferred pension 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.