Legal News

Bill 26 – College and Institutes Amendment Act Introduced in Legislature

On April 26, 2004, the BC Government introduced legislation that would amend the College and Institute Act in three significant areas.

First, the amendments clarify the powers and duties of institutional boards by identifying the matters which must be included in the institution’s bylaws. Under the amendments, institutional boards are required to make bylaws concerning the fees and charges to be paid by students; the duties of board members in conflict of interest situations; the powers, duties and benefits of the president of the institution; and the reimbursement of board members for expenses incurred in their duties.

Second, the amendments authorize the president of an institution to appoint, promote and remove staff, instead of having to make recommendations to the board regarding such matters. The president is also given the power to supervise and direct staff, subject to the bylaws. The current legislation requires a president to perform such duties “under the direction of the board”. This amendment gives presidents greater independence from institutional boards in making staffing decisions.

Finally, the amendments place the British Columbia Institute of Technology (“BCIT”) under the College and Institute Act, rather than under its own legislation, and confirm BCIT’s role as a public polytechnic institution for British Columbia.

Bill 28 has passed first reading. It is not known when it may become law.