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Education - Post-Secondary Education Choice and Excellence Act, 2000 (PSECEA). Canada Christian College and School of Graduate Theological Studies v. Post-Secondary Education Quality Assessment Board
In Canada Christian College and School of Graduate Theological Studies v. Post-Secondary Education Quality Assessment Board (Ont CA, 2023) the Court of Appeal briefly sets out the nature of the Post-secondary Education Choice and Excellence Act ("PSECE Act"):[4] CCC is a degree-granting educational institution established pursuant to statute in 1999. In 2001, the Post-secondary Education Choice and Excellence Act, 2000, S.O. 2000, c. 36, Sch. (“PSECE Act”) established a new licensing process allowing institutions to apply to the respondent Minister of Training, Colleges and University for consent to acquire university status and to grant university degrees without the need for the enactment of establishing legislation. Until the passing of the PSECE Act, institutions could be granted university status exclusively through statutes. The Act also established the respondent Postsecondary Education Quality Assessment Board, which makes recommendations concerning applications for ministerial consent.
[5] The relevant sections of the PSECE Act provide:Authority to grant a degree, etc.
2 (1) No person shall directly or indirectly do any of the following things unless the person is authorized to do it by an Act of the Assembly or by the Minister under this Act:
1. Grant a degree.
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Authority to establish a university, etc.
3 No person shall directly or indirectly do any of the following things unless the person is authorized to do it by an Act of the Assembly or by the Minister under this Act:
1. Operate or maintain a university.
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Consent of Minister
4 (1) The Minister may give a written consent to a person who makes an application under section 5 to authorize the person to do one or more things described in sections 2 and 3.
Terms and conditions of consent
(2) The Minister may attach such terms and conditions to a consent as the Minister considers appropriate, including a termination date after which the consent will cease to be effective unless renewed by the Minister.
Same
(3) A person to whom a consent is given shall ensure compliance with all terms and conditions attached to the consent.
Application for consent
5 (1) A person may apply to the Minister for a consent and for a renewal of a consent.
Referral to Board or other prescribed body
(2) Subject to subsection (2.1), the Minister shall,
(a) refer applications for a consent or renewal of a consent to the Post-secondary Education Quality Assessment Board or another accrediting or quality assurance body or authority, in accordance with the regulations, if any; or
(b) refer elements of an application for a consent or renewal of a consent to the Post-secondary Education Quality Assessment Board and elements to another accrediting or quality assurance body or authority, in accordance with the regulations, if any. 2010, c. 12, s. 6 (1).
Rejection of application
(2.1) The Minister may, in the prescribed circumstances or in accordance with the prescribed criteria, reject an application for consent or renewal of consent without making a referral with respect to the application. 2010, c. 12, s. 6 (1).
Recommendation
(3) Subject to subsection (2.1), the Minister shall not grant or reject an application unless he or she has received a recommendation,
(a) from the Board or the accrediting or quality assurance body or authority; or
(b) in the case of a referral under clause (2) (b), from both the Board and the accrediting or quality assurance body or authority.
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Post-secondary Education Quality Assessment Board
7 (1) The board known in English as the Post-secondary Education Quality Assessment Board and in French as Commission d’évaluation de la qualité de l’éducation postsecondaire is continued.
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(3) The Board shall,
(a) review applications made under section 5 and other matters referred to it by the Minister and make recommendations to the Minister in a manner and within a time period specified by the Minister.
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