The following definitions apply in this Act. 2017, c.63, s.38; 2019, c.2, s.96; 2023, c.17, s.169
“corporation” means a corporation established under subsection 3(1).(société)
“Crown” means the Crown in right of the Province.(Couronne)
“Minister” means the Minister of Post-Secondary Education, Training and Labour.(ministre)
The Regulations Act does not apply to the following:
(a) a by-law made under this Act; and
(b) a guideline made under this Act.
The following corporations are established:
(a) the New Brunswick Community College (NBCC); and
(b) the Collège communautaire du Nouveau-Brunswick (CCNB).
The New Brunswick Community College (NBCC) is comprised of the campuses listed in Schedule A and the Collège communautaire du Nouveau-Brunswick (CCNB) is comprised of the campuses listed in Schedule B.
On the written request of the board of a corporation, the Lieutenant-Governor in Council may change the name of that corporation.
The head office of the New Brunswick Community College (NBCC) is at The City of Fredericton.
The head office of the Collège communautaire du Nouveau-Brunswick (CCNB) is at the City of Bathurst.
On the written request of the board of a corporation, the Lieutenant-Governor in Council may change the location of the head office of that corporation.
The New Brunswick Community College (NBCC) shall be organized in the English language and the Collège communautaire du Nouveau-Brunswick (CCNB) shall be organized in the French language.
As a post-secondary institution, each corporation is responsible for enhancing the economic and social well-being of the Province by addressing the occupational training requirements of the population and of the labour market of the Province and, without restricting the generality of the foregoing, the objects of each corporation are
(a) to offer education and training and related services to full-time and part-time students,
(b) to provide education and training and related services to governments, corporations and other bodies and persons,
(c) to 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, and
(d) to carry out the other activities or duties authorized or required by this Act.
Subject to this Act, in respect of its objects and purposes, each corporation has the capacity and the rights, powers and privileges of a natural person.
Each corporation is an agent of the Crown.
The business and affairs of each corporation shall be directed and controlled by a board of governors in accordance with this Act.
Each board shall consist of 9 to 15 members appointed under this section.
The Lieutenant-Governor in Council shall appoint the following persons to each board:
(a) the persons nominated by that board;
(b) the persons nominated by the Minister;
(c) one academic staff person of that corporation, nominated by its academic staff;
(d) one non-academic staff person of that corporation, nominated by its non-academic staff; and
(e) one student of that corporation, nominated by its students.
Each board shall nominate a minimum of 3 persons and a maximum of 6 persons for the purpose of paragraph (3)(a).
The Minister shall nominate a minimum of 3 persons and a maximum of 6 persons for the purpose of paragraph (3)(b).
When nominating a person under subsection (4), a board shall have regard to gender, geographic representation and the competencies determined by the Minister as necessary to ensure the appropriate skills for the board.
When nominating a person under subsection (5), the Minister shall have regard to gender, geographic representation and the competencies determined by the Minister as necessary to ensure the appropriate skills for the board.
Each board shall elect a chair and vice-chair from among its members.
The vice-chair shall act when the chair is unable or unwilling to act for any reason.
Despite subsection 9(2), the first board of governors of each corporation shall consist of 9 to 15 members appointed under this section.
The Lieutenant-Governor in Council shall appoint the following persons to each first board:
(a) the persons nominated by the Minister;
(b) one academic staff person of that corporation, nominated by its academic staff;
(c) one non-academic staff person of that corporation, nominated by its non-academic staff; and
(d) one student of that corporation, nominated by its students.
The Minister shall nominate a minimum of 6 persons and a maximum of 12 persons for the purpose of paragraph (2)(a).
When nominating a person under subsection (3), the Minister shall have regard to gender, geographical representation and the competencies determined by the Minister as necessary to ensure the appropriate skills for that board.
From the commencement of this section until November 1, 2010, inclusive, the failure to appoint a person to a board under paragraph (2)(b), (c) or (d) does not impair the capacity of that board to act.
The Lieutenant-Governor in Council shall designate a chair for the first board of each corporation from among the members appointed under this section.
Each first board shall elect a vice-chair from among the members appointed under this section.
Subject to subsection (2), a member of a board shall be appointed for a term of up to 3 years.
The chair and vice-chair of each board shall be elected for a term of one year, or until the expiry of his or her term as a member of that board, whichever occurs first.
On the recommendation of a board, the Lieutenant-Governor in Council may revoke the appointment of a member of that board for cause.
A member of a board shall not be appointed for more than 2 consecutive terms.
A vacancy on a board does not impair the capacity of that board to act.
If a vacancy occurs during the term of a member of a board, a person may be appointed to serve the remainder of that member’s term.
A majority of the members of a board, one of whom shall be the chair or the vice-chair, constitutes a quorum.
The board of each corporation shall meet at least 4 times in each fiscal year of that corporation.
A member of a board of a corporation shall, in exercising his or her powers and performing his or her duties,
(a) act honestly and in good faith in the best interests of that corporation, and
(b) exercise the care, diligence and skill that a reasonably prudent person would in comparable circumstances.
The members of a board shall be entitled to the remuneration and reimbursement of expenses that are fixed by the by-laws of the respective corporation.
Despite subsection (1), a by-law fixing the remuneration or rate of reimbursement for expenses of the members of a board is ineffective unless it has been approved by the Lieutenant-Governor in Council.
2013, c.44, s.28
Each board shall establish a process for appointing a president and chief executive officer in the by-laws and shall appoint a president and chief executive officer in accordance with that process.
The remuneration and benefits for each president and chief executive officer shall be established by the by-laws of the respective corporation.
Despite subsection (2), a by-law establishing the remuneration and benefits of a president and chief executive officer is ineffective until it has been approved by the Lieutenant-Governor in Council.
Subject to the direction of the board of a corporation, each president and chief executive officer is responsible for the general management and direction of the business of that corporation and may exercise the other powers that may be conferred on the president and chief executive officer by the by-laws.
The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to each president and chief executive officer.
The term of office of each president and chief executive officer is 5 years and may be renewed.
A president and chief executive officer may be removed for cause by the board.
A president and chief executive officer may appoint an employee of the corporation to act in his or her place if he or she is unable to act for any reason.
No action lies for damages or otherwise against a board member or an employee of a corporation in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, by the person while acting under the authority of this or any other Act or regulation.
Every board member or employee of a corporation, or former board member or employee, and his or her heirs or legal representatives, shall be indemnified against all costs, charges and expenses incurred by him or her in relation to any action or other proceeding brought or prosecuted against him or her in connection with the duties of the person as a board member or employee and with respect to all other costs, charges and expenses that he or she incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default.
Subject to this Act, the board of each corporation may make by-laws for the control and management of the business and affairs of that corporation.
The board of each corporation shall make by-laws governing:
(a) conflict of interest of members of the board and employees of the corporation; and
(b) the remuneration and other conditions of employment of the employees of the corporation.
A by-law under paragraph 2(b) shall be general in nature and not specific to any particular employee.
A by-law under paragraph 2(b) is ineffective until it has been approved by the Lieutenant-Governor in Council.
Each guideline established by a corporation shall be submitted to the Minister for review and approval at least once in every fiscal year.
On receiving a guideline, the Minister shall approve the guideline or return it to the corporation with recommendations for amendments.
A program of study of a corporation shall be consistent with the objects and purposes of that corporation.
Each corporation shall establish guidelines for the following activities with respect to programs of study:
(a) their evaluation;
(b) their establishment;
(c) their expansion;
(d) their suspension; and
(e) their transfer.
Each corporation shall evaluate, establish, expand, suspend or transfer a program of study in accordance with guidelines approved under section 19.
A service provided by a corporation shall be consistent with the objects and purposes of that corporation.
Each corporation shall establish guidelines for the following activities with respect to services:
(a) their evaluation;
(b) their establishment;
(c) their expansion; and
(d) their suspension.
Each corporation shall evaluate, establish, expand, or suspend a service in accordance with guidelines approved under section 19.
Each corporation shall establish an admissions policy for students of that corporation.
Each corporation shall provide for the granting of certificates and diplomas for programs of study.
Subject to subsection (2), each corporation shall set fees for the delivery of its services and programs.
Tuition fees and other compulsory student fees shall be subject to approval by the Minister.
A corporation shall prepare audited financial statements and submit them to the Minister on or before June 30 of each year.
Each corporation shall submit an annual report to the Minister on the operations of that corporation for the previous fiscal year, at a time determined by the Minister.
An annual report shall contain the audited financial statements of that corporation.
The Minister shall lay the annual report before the Legislative Assembly if it is in session or, if not, at the next ensuing session.
Each corporation shall establish guidelines for preparing an annual business plan.
Each corporation shall submit to the Minister a business plan for each fiscal year, prepared in accordance with guidelines approved under section 19.
Each corporation shall establish guidelines for conducting an organizational and operational review.
Each corporation shall conduct an organizational and operational review in accordance with guidelines approved under section 19.
A corporation shall conduct a review under subsection (2) every 5 years, or sooner if the corporation so determines.
On the completion of an organizational and operational review, a corporation shall submit the results of the review to the Minister.
Each corporation shall submit a 5-year strategic plan to the Minister for approval, at a time specified by the Minister.
On receiving the strategic plan for approval, the Minister shall approve the plan or return it to the corporation with recommendations for amendments.
Within 10 days after receiving a written request from the Minister, a corporation shall provide to the Minister any information that is specified in the request.
The fiscal year of each corporation begins on April 1 of one year and ends on March 31 in the next year.
Each corporation shall submit a proposed budget to the Minister for approval, at a time determined by the Minister, containing the estimates of the amount required for that corporation for the next fiscal year.
On receiving the proposed budget, the Minister shall approve the budget or return it to the corporation with recommendations for amendments.
In each year, the Minister shall provide funding to each corporation for the purposes of this Act out of the money appropriated by the Legislature for those purposes.
Each corporation shall appoint an external auditor to annually audit the records, accounts and financial transactions of that corporation.
2011, c.20, s.4; 2019, c.29, s.97
Each board shall manage and control accounts in the name of the corporation in a bank, trust company or credit union designated by the Minister of Finance and Treasury Board for the purposes of subsection 17(1) of the Financial Administration Act.
Despite the Financial Administration Act, all money received by each corporation through the conduct of its operations or otherwise is to be deposited to the credit of the accounts established under subsection (1) and shall be administered by that corporation exclusively in the exercise and performance of its powers, duties and functions.
Subject to the approval of the Minister of Finance and Treasury Board, each corporation may borrow money for the purposes of that corporation. 2016, c.37, s.119; 2019, c.29, s.97
Despite the Financial Administration Act, each corporation may retain from year to year all or part of a budgetary surplus that the corporation has realized in its operations.
Subject to the approval of the Minister, each corporation may purchase, lease or otherwise acquire, hold, improve and maintain real property.
Subject to the approval of the Minister, each corporation may lease, sell or otherwise dispose of real property.
In sections 40, and 42 to 45, “public service” means the portion of the public service listed under Part I of the First Schedule of the Public Service Labour Relations Act.(services publics)
2013, c.44, s.28; 2016, c.37, s.119; 2019, c.29, s.97
An employee of a corporation shall be appointed in accordance with the staff requirements of that corporation and in accordance with the method of appointment established by the by-laws of that corporation.
The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to an employee of a corporation.
Subject to this Act, the Civil Service Act does not apply to an employee of a corporation.
Despite sections 5 and 6 of the Financial Administration Act, an employee of a corporation may participate in employee benefit programs established by Treasury Board, subject to the approval of the Minister of Finance and Treasury Board and of that corporation.
Subject to subsection (3), on the commencement of this section an employee of the New Brunswick Community College / Collège communautaire du Nouveau-Brunswick shall become an employee of either the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB) established under this Act.
The Board of Management shall determine whether an employee in subsection (1) shall become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
On the commencement of this section, an employee of the New Brunswick College of Craft and Design or of the College Support Service Branch of the Department of Post-Secondary Education, Training and Labour shall not become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
Despite the Public Service Labour Relations Act and section 41, a collective agreement applicable to an employee referred to in subsection (1) immediately before the commencement of this section shall continue in force and binds the respective corporation as employer until a new collective agreement comes into effect.
The accumulated sick leave credits and vacation leave credits of an employee referred to in subsection (1) shall be recognized by the respective corporation.
The period of employment in the public service of an employee referred to in subsection (1) is deemed to be service with the respective corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract or collective agreement.
Within 15 days after the commencement of this section, or within such further time as is determined by the Labour and Employment Board, each corporation shall specify and define the occupational groups within each occupational category in paragraphs (a) to (e) in the definition “occupational category” in the Public Service Labour Relations Act in a manner so as to include all the employees of that corporation, and shall then publish notice of its action and of the specified and defined occupational groups in The Royal Gazette.
On publication of the notice in The Royal Gazette, the provisions in the Public Service Labour Relations Act respecting certification and collective bargaining shall be applied, with the necessary modifications, to the corporation as a separate employer under that Act.
When the services of an employee are no longer required because of lack of work or because of the discontinuance of a function, a corporation may lay off the employee.
When a person has been laid off for 12 consecutive months, the employment relationship between that person and the corporation is terminated.
During the period from the date of commencement of this section to March 31, 2013, inclusive, despite the Civil Service Act, a person who becomes an employee of a corporation under subsection 40(1), and who is laid off by that corporation, is deemed to be an employee under the Civil Service Act for the purposes of subsections 26(3) and (4) of that Act and of paragraph 3(c) of the Exclusions Regulation - Civil Service Act.
During the period from the date of commencement of this section to March 31, 2013, inclusive, each corporation shall participate in the redeployment program established by the Board of Management and shall consider a person for employment with that corporation if:
(a) the person has been laid off from the public service; and
(b) the person is eligible to participate in the redeployment program under subsection 26(3) of the Civil Service Act.
During the period from the date of commencement of this section to March 31, 2013, inclusive, despite the Civil Service Act, a person who becomes an employee of a corporation under subsection 40(1), may be a candidate in a closed competition under the Civil Service Act as if that person were an employee within the meaning of that Act and, in relation to a closed competition in which that person is a candidate, has the status of an employee under that Act for the purposes of sections 33, 33.1 and 33.2 of that Act.
During the period from the date of commencement of this section to March 31, 2013, inclusive, despite the Civil Service Act, a person who becomes an employee of a corporation under subsection 40(1), may be a candidate in a closed competition in relation to a position at Service New Brunswick as if that person were an employee within the meaning of the Civil Service Act and, in relation to a closed competition in which that person is a candidate, has the status of an employee of Service New Brunswick for the purpose of subsection 29(2) of the Service New Brunswick Act.
During the period from the date of commencement of this section to March 31, 2013, inclusive, despite the Civil Service Act, a person who becomes an employee of a corporation under subsection 40(1) is eligible to be appointed to a position in the public service through a lateral transfer as if the person were an employee within the meaning of the Civil Service Act.
During the period from the date of commencement of this section to March 31, 2013, inclusive, a person may be a candidate in an employment competition of a corporation despite that the competition is open only to employees of that corporation and, in relation to that competition, that person has the status of an employee of that corporation if:
(a) the person
(i) is employed in the public service, or
(ii) has been laid off from the public service; and
(b) the person is eligible to compete in a closed competition under the Civil Service Act
(i) as an employee or former employee under the Civil Service Act, or
(ii) as an employee or former employee of Service New Brunswick.
During the period from the date of commencement of this section to March 31, 2013, inclusive, each corporation shall participate in the lateral transfer appointment process established by the Board of Management and shall consider a person for a transfer to that corporation if:
(a) the person is employed in the public service; and
(b) the person is eligible to participate in the transfer process
(i) as an employee under the Civil Service Act, or
(ii) as an employee of Service New Brunswick.
In this section, “employee transfer agreement” means an agreement between the Board of Management and a corporation transferring one or more employees from the public service to that corporation.(entente de mutation)
During the period from the date of commencement of this section until March 31, 2013, inclusive, the following provisions apply with the necessary modifications to a person who becomes an employee of a corporation as a result of an employee transfer agreement:
(b) subsection 42(3); and
(c) section 43.
The Minister may designate a person to examine any of the procedures, activities or practices of a corporation, and the person designated shall do so and report the results of the examination to the Minister.
The members of the board and employees of a corporation shall give the person designated by the Minister all the assistance and cooperation necessary to enable the person to complete the examination.
On the recommendation of the Minister, the Lieutenant-Governor in Council may appoint an administrator of a corporation in the following circumstances:
(a) the board takes up a practice or tolerates a situation that is incompatible with the objects and purposes of that corporation or with this Act; or
(b) in the opinion of the Minister, financial or significant operational problems exist with respect to that corporation.
On the appointment of an administrator, the board members’ appointments are terminated.
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 shall perform the duties of the board.
The administrator shall be paid the remuneration and expenses that the Lieutenant-Governor in Council determines and the payment shall be made out of the funds of the corporation.
In this section, “student association” means an association, whether incorporated or otherwise, of students of a corporation recognized by that corporation as being representative of students for the purpose of administering the affairs of the students.(association étudiante)
A student association may set a student activity fee for the provision and promotion of social, educational and recreational activities and services, after consulting with the relevant corporation.
If a corporation collects a student activity fee, it shall transfer the fees collected to the relevant student association.
Despite subsection 23(2), if a corporation makes the payment of a student activity fee compulsory, that fee is not subject to approval by the Minister.
The Lieutenant-Governor in Council may make regulations
(a) defining words or expressions used in this Act but not defined;
(b) prescribing the debts and other liabilities of the Special Operating Agency that do not become the debts and liabilities of a corporation; and
(c) for carrying out the purposes of this Act.
(i) by adding after paragraph (f) the following:
(ii) in paragraph (g) by striking out “a New Brunswick Community College,” and substituting “New Brunswick College of Craft and Design,”;