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RSNL1990 CHAPTER D-5

DEGREE GRANTING ACT

Amended:

1998 c6 s7; 2004 c36 s10; 2006 c40 s21

CHAPTER D-5

AN ACT REGULATING THE GRANTING OF DEGREES AND RESPECTING THE OPERATION OF UNIVERSITIES AND OTHER DEGREE-GRANTING INSTITUTIONS IN THE PROVINCE

Analysis



Short title

1. This Act may be cited as the Degree Granting Act.

1983 c41 s1

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Definitions

2. In this Act

(a) "institution" includes a natural person, an association of natural persons, a partnership or a corporation; and

(b) "minister" means the minister appointed under the Executive Council Act to administer this Act.

1983 c41 s2; 1984 c42 Sch B; 1990 c26 Sch B; 2006 c40 s21

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Granting of degrees

3. An institution shall not, directly or indirectly,

(a) grant degrees;

(b) provide a program of post-secondary study leading to a degree to be conferred by an institution in or outside the province;

(c) advertise a program of post-secondary study offered in the province leading to a degree to be conferred by an institution in or outside the province;

(d) sell, offer for sale, or provide by agreement for a fee, reward or other remuneration, a diploma, certificate, document or other material that is, or indicates or implies the granting or conferring of, a degree,

unless the institution

(e) is authorized by an Act of the House of Assembly to grant degrees;

(f) is authorized by an Act of a legislature of a province to grant degrees;

(g) is a degree-granting institution designated by the Lieutenant-Governor in Council; or

(h) is, as the result of an amalgamation of 2 or more institutions of the kind described in paragraph (e), (f) or (g), a successor of those institutions.

1983 c41 s3

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Operation of universities

4. An institution shall not, directly or indirectly, within the province,

(a) operate or maintain a university or other degree-granting institution;

(b) use or be known by a name of a university or a derivation or abbreviation of a university which may imply the power to grant degrees;

(c) hold itself out to be a university or other degree-granting institution;

(d) make use of, in an advertising relating to an educational institution, the word university or a derivation or abbreviation of the word university which may imply the power to grant degrees,

unless in accordance with section 3 that institution may grant degrees.

1983 c41 s4

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Designation of institutions

5. The Lieutenant-Governor in Council may, by regulation, designate a degree-granting institution for the purpose of this Act and may attach the terms and conditions which the Lieutenant-Governor in Council considers appropriate to give effect to this Act.

1983 c41 s5

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Inspection of records

6. (1) An inspector designated in writing by the minister may at all reasonable times enter an institution so long as it is reasonably necessary to determine compliance with this Act and may demand the production of and inspect all books of account, cash, bank account vouchers, documents, correspondence and records of the institution that the inspector believes on reasonable grounds are in respect of the determination of compliance.

(2) Where the minister believes on reasonable grounds that an institution has contravened this Act or the regulations, an inspector designated in writing by the minister may, with a warrant issued under subsection (3), at a reasonable time enter upon the business premises of that institution to make an inspection in relation to that contravention.

(3) A Provincial Court judge who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is on a business premises of an institution anything that will afford evidence with respect to a contravention referred to in subsection (2) may issue a warrant authorizing an inspector named in the warrant to enter and search those premises and to make inquiries and copies of books of account, cash, bank account vouchers, documents, correspondence and records that are considered necessary, subject to conditions which may be specified in the warrant.

(4) The owner or person in charge of the premises referred to in this section and every person found on the premises shall give an inspector all reasonable assistance to enable the inspector to carry out his or her duties and functions under this section and shall furnish information which the inspector may reasonably require.

(5) A copy made as provided in subsection (3) and purporting to be certified by an inspector is admissible in evidence in a proceeding as, in the absence of evidence to the contrary, proof of the original.

1985 c11 s42; 2004 c36 s10

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Offence

7. (1) An institution that

(a) knowingly furnishes false information in an application under this Act or the regulations or in a statement or return required to be furnished under this Act or the regulations; or

(b) contravenes this Act or the regulations,

and a director or officer of a corporation who knowingly concurs in the furnishing of false information or contravention by the corporation is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than 1 year, or to both a fine and imprisonment.

(2) Where the institution convicted of an offence under subsection (1) is a corporation, the maximum penalty that may be imposed upon the corporation is $25,000.

1983 c41 s7

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Statement re consent

8. A written statement as to

(a) a designation by the minister; or

(b) another matter pertaining to the designation,

purported to be certified by the minister, is, without proof of the office or signature of the minister, receivable in evidence as, in the absence of evidence to the contrary, proof of the facts stated in it for all purposes in a proceeding.

1983 c41 s8

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Act amended

9. Subsection 3(2) of the Memorial University Act is amended by striking out the comma immediately before the words and the words ", nor shall another university have power to grant degrees".

1983 c41 s9; 1998 c6 s7

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Commencement

10. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - April 11, 1997)

1983 c41 s10