Hi all, I was wondering if anybody had any information on the creation of a university/ university college in Canada. I beleive this decision is devolved to each of the provinces, so are the Acts of Parliament a provincial matter?? Any info greatly appreciated. Cheers, George
I don't have my British North America Act (of course generically renamed the Constitution Act 1867) handy. I believe that post-secondary education is a split responsibility between federal and provincial governments, but for all practical purposes they are provincial. The only federal, degree granting, schools are military. You can pretty much forget about a for-profit university in Canada. I think Lansbridge is about it. In Alberta, there are 4 provincial universities and 4 church operated university colleges. There is also a whole mishmash of provincial colleges and technical schools, some of which offer weird sounding degrees with really long names.(Bachelor of Applied Studies in Plastics Technology ??) Nothing private, other than some career college things. Schools are usually authorized by an act of the provincial legislature.
Education is a provincial matter pursuant to Section 93 of the Constitution Act (1867). Provinces and territories make laws to govern both public and private post secondary institutions. In the jurisdiction from which I take my university studies, Alberta, the establishment and operation of both public and private institutions is governed by the Universities Act (and any subsequent Regulations enacted by an Order-in-Council), which is soon to be replaced by the Post Secondary Learning Act (currently in First Reading). Private colleges are under the purview of the Private Colleges Accreditation Board, although any authorisations to grant degrees require an Order-in-Council sponsored by the Minister of Learning. There’s a nice write up about this topic at: http://www.learning.gov.ab.ca/college/postsecsystem/postsecinst/postsecinst.asp
In Canada, there is no accredidation agency as such. In theory, anyone may start a for-profit "University", that is to say a business with a name ended with the word University. First the provincial Education Minster responsible for higher education must give consent to the use of the name "University" and there are all sorts of requirements the business is required to comply with by the Minister. Second, in Canada, the granting of of a degree is a "royal prerogative" and so the "University" would require an Act of the provincial legislature. This being the case, the business can really be incorporated by the same act with authority to grant degrees, without incorporating as a business. In the case of private for-business university, the Act would be a private Act instead of a Public Act of the legislature. In Britain, universities are incorporated not through the Houses of Parliament, but rather through the issuance of a royal charter: the Queen authorizes the issuance of degrees, etc. In Canada, all universities are incorporated by an act of the provincial or federal legislature, and the issue of recognition or accredition do not exist. As in Britain, all universities are incorporated by Royal Charter, and again recognition or accredition are non issues there as well. This of course does not prevent universities [legit or otherwise] from other jurisdictions moving into Canada to market their programs, although some provinces have regulations with respect to offshore universities operating in Canada. In the USA, the granting of degrees is not a state prerogative, etc. and hence anyone may incorporate a university as a business with the power to grant degrees.
