Bill 43 explained in plain English
Post-secondary Education Statute Law Amendment Act, 2010
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 39th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill 43, the Post-secondary Education Statute Law Amendment Act, 2010, amends Ontario's post-secondary education laws to update definitions, expand regulatory scope, increase penalties, and rename the Ontario College of Art & Design to a university.
This bill amends three Ontario laws related to post-secondary education: the Post-secondary Education Choice and Excellence Act, 2000, the Private Career Colleges Act, 2005, and the Ontario College of Art & Design Act, 2002. Key changes include: defining 'degree' and 'distance education' more clearly, expanding the application of the Post-secondary Education Choice and Excellence Act to include distance education offered to Ontario residents, increasing penalties for provincial offences, and renaming the Ontario College of Art & Design to Ontario College of Art & Design University. The bill also updates governance structures for the University and clarifies procedures for inspections and administrative penalties.
- Amends the Post-secondary Education Choice and Excellence Act, 2000 to add definitions for 'educational institution' and 'distance education', and to clarify what constitutes a 'degree' and 'providing a program leading to a degree'.
- Extends the application of the Post-secondary Education Choice and Excellence Act to persons with a physical presence in Ontario or those offering distance education to Ontario residents where it's not clear the provider is authorized in Ontario.
- Strengthens advertising prohibitions to include distance education programs leading to degrees from out-of-province institutions when not clearly advertised as such.
- Modifies processes for referring applications for consent or renewal to quality assessment boards or other bodies, and allows the Minister to reject applications under prescribed circumstances.
- Updates inspection powers, introduces administrative monetary penalties, restraining orders, and compliance orders within the Post-secondary Education Choice and Excellence Act, mirroring provisions in the Private Career Colleges Act.
- Increases penalties for provincial offences under the Post-secondary Education Choice and Excellence Act from $25,000 to $50,000 for individuals and from $100,000 to $250,000 for corporations.
- Amends the Private Career Colleges Act, 2005 to allow policy directives to revoke program or credential approvals, with specific rules on effective dates and exceptions for public health, safety, or regulated vocations.
- Clarifies that credentials can only be granted for programs completed within the approval validity period, with an exception for students enrolled at the time of revocation, unless public health or safety standards change.
- Alters service provisions within the Post-secondary Education Choice and Excellence Act and the Private Career Colleges Act to include methods like regular mail in certain circumstances and permit substituted service orders.
- Renames the Ontario College of Art & Design to the Ontario College of Art & Design University and amends its related Act to reflect this change.
- Replaces the academic council of the Ontario College of Art & Design University with a senate, defining its composition, powers, and transition from the previous academic council.
- Creates the position of Chancellor for the Ontario College of Art & Design University, with provisions for appointment, term, and duties.
- Amends various sections of the Ontario College of Art & Design Act, 2002 to replace references to 'College' with 'University' and adjust governance structures accordingly.
- Post-secondary educational institutions operating in or offering programs to Ontario residents.
- Students enrolled in post-secondary programs.
- Private career colleges.
- The Ontario College of Art & Design University (formerly Ontario College of Art & Design).
- The Ministry of Training, Colleges and Universities and its officials (e.g., Minister, Superintendent).
- Quality assessment and accrediting bodies in the post-secondary education sector.
- Individuals and corporations subject to penalties under the Post-secondary Education Choice and Excellence Act, 2000.
- Institutions must ensure programs and credentials are validly approved.
- Institutions must comply with new definitions and application of the Post-secondary Education Choice and Excellence Act, 2000.
- Institutions must adhere to updated advertising rules, particularly for distance education.
- Individuals and corporations must pay increased penalties for provincial offences.
- Students are guaranteed recognition for credits and marks from previous institutions.
- The Ontario College of Art & Design University has a new governance structure with a Senate and Chancellor.
- Individuals and institutions have rights regarding reviews of contravention notices and processes for administrative penalties.
- This Act received Royal Assent on June 8, 2010, and came into force on that day.
- Specific provisions related to the Senate of the Ontario College of Art & Design University became effective on the day the Post-secondary Education Statute Law Amendment Act, 2010 received Royal Assent.
- Increased penalties for provincial offences: individuals up to $50,000, corporations up to $250,000.
- Administrative monetary penalties can be imposed for contraventions of the Post-secondary Education Choice and Excellence Act, 2000 and its regulations.
- Collectors authorized to collect administrative penalties may also collect reasonable fees or disbursements.
- Administrative monetary penalties can be issued for contraventions of the Post-secondary Education Choice and Excellence Act, 2000 and its regulations.
- The Minister can issue restraining orders and compliance orders.
- Court orders can be sought to restrain contraventions.
- Penalties for provincial offences have been increased.
- Non-payment of administrative penalties can lead to enforcement as a court order.
- The specific circumstances and criteria under which the Minister may reject an application for consent or renewal without referral are not detailed in the Act but are to be prescribed by regulation.
- The specific details regarding administrative penalties, including prescribed provisions, amounts, and review processes, are to be further defined by regulation.
- The exact number and selection process for some members of the Ontario College of Art & Design University's Senate are to be determined by by-laws.
- The Act does not specify the exact monetary amounts for all administrative penalties, which will be prescribed by regulation.
Adds definitions for 'educational institution', 'distance education', and 'degree'; expands the Act's application to certain distance education providers; modifies advertising rules; changes application referral processes; introduces administrative penalties, restraining orders, and compliance orders; increases penalties for provincial offences; updates service provisions.
Source: Sections 1, 1.1, 5, 9, 10.1-10.10, 12.1, 13
Amends rules regarding the revocation of program and credential approvals by policy directives; clarifies when credentials can be granted; adjusts penalties for provincial offences; updates service provisions for notices and orders.
Source: Sections 10, 23, 25, 51, 53
Changes the institution's name to Ontario College of Art & Design University; replaces the academic council with a senate and defines its powers and composition; creates the position of Chancellor; updates references from 'College' to 'University' throughout the Act; establishes transition provisions for the senate.
Source: Sections 1, 2, 3, 4, 5, 6, 7, 7.1-7.7, 8, 9, 10, 11, 12, 13
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Vote Summary
This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.
No published representative vote breakdown
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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