Atlantic Institute of Education Act

CHAPTER 26

OF THE

REVISED STATUTES, 1989

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An Act to Enable the Establishment of
the Atlantic Institute of Education

Short title

1 This Act may be cited as the Atlantic Institute of Education Act. R.S., c. 26, s. 1.

PART I

Interpretation

2 In this Part,

(a) "agreement" means an agreement made under Part II or a declaration made under Part II;

(b) "Board" means the Board of Governors of the Institute;

(c) "Council" means the Academic Council of the Institute;

(d) "Institute" means the Atlantic Institute of Education. R.S., c. 26, s. 2.

Institute

3 (1) There is hereby constituted as a body corporate an institute of education to be known as the Atlantic Institute of Education.

Objects

(2) The objects of the Institute are to

(a) promote co-operation among all institutions, universities, colleges and persons concerned with the education of teachers;

(b) sponsor and provide overall planning and development in relation to the education of teachers with a view to avoiding duplication of effort;

(c) make available tangible and human resources to assist and advance the education of teachers;

(d) provide for, advance, promote and assist research in relation to the education of teachers and, generally, in the field of education; and

(e) do all things that promote and advance the foregoing objects or that properly relate to an institute of education.

Power to grant degree

(3) The Institute shall have full power and authority, exercisable by the Board with the consent of the Council, to grant degrees, honours, diplomas and certificates in education.

Additional powers

(4) In addition to the powers granted to the Institute under this Act, the Institute shall have the corporate powers granted to a society under the Societies Act and the powers granted to the Institute by an agreement. R.S., c. 26, s. 3.

Board of Governors

4 (1) There shall be a Board of Governors of the Institute composed of the persons and in the manner provided in an agreement.

Powers

(2) The Board shall be the controlling body in all matters pertaining to the administration of the Institute and, except as otherwise provided in this Act or in an agreement, the government, conduct, management and control of the Institute and the property, revenue, business and affairs thereof shall be vested in the Board.

Chairman and Vice-chairman

(3) The Board shall appoint a Chairman and Vice-chairman.

Committees

(4) The Board shall constitute and appoint a Finance Committee and may constitute and appoint such other committees as may be necessary. R.S., c. 26, s. 4.

Academic Council

5 (1) There shall be an Academic Council of the Institute composed of the persons and in the manner provided in an agreement.

Powers

(2) The Council shall govern the academic affairs of the Institute and shall prescribe the departments, faculties, programs, courses and research of the Institute.

Committees

(3) The Council may constitute and appoint committees of the Council and each committee shall have the powers and perform the functions assigned to it by the Council. R.S., c. 26, s. 5.

Director of Institute

6 (1) The Board shall appoint a Director of the Institute who shall be the chief executive officer of the Institute.

Powers and duties

(2) The Director shall have the powers and perform the functions and duties assigned to him by the Board and shall attend all meetings of the Board.

Assistant Director

(3) The Board shall appoint an Assistant Director who shall perform the functions and duties assigned by the Board or the Director.

Powers

(4) The Assistant Director shall have the powers of the Director in his absence or incapacity.

Personnel

(5) The staff of the Institute shall be appointed by the Board and, if the Governor in Council so determines, the Director, Assistant Director and staff shall have the benefits of the Civil Service Act. R.S., c. 26, s. 6.

Public Service Superannuation Act

7 (1) For all purposes of the Public Service Superannuation Act, every person employed by the Institute, except a person who is eligible to make a contribution to the Nova Scotia Teachers Pension Fund, established pursuant to the Teachers Pension Act, shall be deemed to be a person employed in the public service of the Province and service by such a person in the employment of the Institute shall be deemed to be public service.

Superannuation Fund

(2) The Institute shall deduct from the salary of every person employed by the Institute to whom the Public Service Superannuation Act applies, other than a person who is eligible to make contribution to the Nova Scotia Teachers Pension Fund, for each pay period such amount as is required by or under that Act to be deducted from the salary of an employee in the public service of the Province and shall pay over the sums so deducted to the Minister of Finance, which sums when so received shall be paid into and form part of the Superannuation Fund under the Public Service Superannuation Act.

Contribution by Institute

(3) Where, by the Public Service Superannuation Act or the Teachers Pension Act, any payment is directed to be made into the Public Service Superannuation Fund or the Nova Scotia Teachers Pension Fund by the Government, by the Minister of Finance or by a board under the Teachers Pension Act in respect of any person employed by the Institute, such payment shall be made by the Institute.

Teachers Pension Act

(4) The Teachers Pension Act shall apply to the Institute in respect of all its personnel who are teachers within the meaning of the Teachers Pension Act.

Teachers Pension Fund

(5) The Minister of Finance shall transfer to the Teachers Pension Fund the sum of the amounts that have been withheld from the salaries of teachers employed by the Institute and paid into the Public Service Superannuation Fund, plus an equal amount representing the employers contribution together with interest at the rates set out in Section 6 of the Teachers Pension Act. R.S., c. 26, s. 7.

Faculty

8 (1) The faculties of the Institute shall be established as provided in the by-laws.

Appointment

(2) The appointment of persons as members of the faculties and as officers of a faculty shall be made by the Board with the approval of the Council. R.S., c. 26, s. 8.

Agreement with other institution

9 (1) The Institute may make arrangements or agreements with any recognized university, college or educational institution for co-operation in respect of any matter with which the Institute is concerned.

Participation by other institution

(2) Universities, colleges and educational institutions may participate in the Institute in the manner provided in any agreement or arrangement made pursuant to subsection (1) or in the manner permitted in the by-laws. R.S., c. 26, s. 9.

By-laws

10 By-laws may be made in accordance with any agreement in respect of any matter relating to the Institute, any matter mentioned in this Act or the agreement for the government, management and operation of the Institute or for the effective administration of the Institute. R.S., c. 26, s. 10.

PART II

Interpretation

11 In this Part,

(a) "agreement" means an agreement made under this Part;

(b) "Minister" means the Minister of Advanced Education and Job Training;

(c) "provincial minister" means a minister or member of the executive council of the Province of New Brunswick, Prince Edward Island or Newfoundland. R.S., c. 26, s. 11.

Interprovincial agreement

12 (1) The Minister, with the approval of the Governor in Council, may enter into an agreement on behalf of the Government of Nova Scotia with one or more of the governments of the Provinces of New Brunswick, Prince Edward Island and Newfoundland providing for

(a) the establishment, continuance, operation and financing of an institute of education;

(b) any matter incidental to or consequent upon the establishment of an institute of education;

(c) the powers, authorities and privileges that may be exercised and the duties and functions that may be performed by the Minister or by any of the provincial ministers.

Implementation

(2) The Minister shall have power to perform or do any act necessary to implement or give effect to an agreement made pursuant to subsection (1).

Cancellation or alteration

(3) An agreement made pursuant to subsection (1) may be cancelled, altered or amended with the consent of each government that is a party to the agreement or in accordance with the agreement. R.S., c. 26, s. 12.

Consistency

13 (1) An agreement made pursuant to Section 12 shall be consistent with Part I.

By-laws

(2) An agreement made pursuant to Section 12 shall provide for the making, altering, amending and repealing of by-laws with respect to the matters mentioned in Section 10. R.S., c. 26, s.  13.

Declaration instead of agreement

14 If no agreement is made under this Part or if an agreement is cancelled or lapses, the Governor in Council may by order make a declaration with respect to any matter that may be provided for or included in an agreement and the Minister shall have power to perform or do any act necessary to implement or give effect to a declaration. R.S., c. 26, s. 14.

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