Degree Granting Act

1. General
   1.1 The Act and Regulations
   1.2 General Evaluation Criteria
   
2. Designation Process

2.1 Launching of the Process
2.2 Evaluation of the Business Plan
2.3 Program Proposal Audit
2.4 Designation

3. Applications under Review


4. Designated Institutions


5. Responsibility of Designated Institutions


6. Five-year Reassessment


7. Frequently Asked Questions

1.1 The Act and Regulation

The Degree Granting Act establishes a framework for evaluating the quality of programs leading to a degree, offered by all public and private institutions, except those created by an Act of the New Brunswick Legislature prior to the Act coming in force, that is before March 1, 2001.

The Act provides for two processes giving institutions the right to grant degrees, namely, designation by the Lieutenant-Governor in Council or authorization by an Act of the New Brunswick Legislature.

The Degree Granting Act and the Regulations may be consulted by clicking on the following links:

Degree Granting Act
Regulations


or by going to the index of New Brunswick Acts and Regulations .

1.2 General Evaluation Criteria

The Regulations of the Degree Granting Act identify the requirements that must be met by institutions that wish to be authorized to grant degrees:

(a) for each program offered by the educational institution,

(i) there are clearly defined objectives, learner outcomes, and curricular structure, and

(ii) the appropriate degree credential will be awarded to graduates of the program;

(b) the educational institution has

(i) sufficient financial resources available to support the delivery of each program offered,

(ii) sufficient human and physical resources available or retained in New Brunswick to support the delivery of each program offered,

(iii) an adequate business plan with realistic cost and revenue projections to cover a five-year period, and

(iv) appropriate and sufficient services in place to support learner success;

(c) when supplying programs to a particular industry, the educational institution has in place an advisory group of employers and practitioners from within the industry to provide advice on program design and marketplace requirements;

(d) the educational institution provides for the involvement of peers and experts external to the institution in the development of each program offered by the institution;

(e) the educational institution provides its academic staff with the time and institutional support to engage in academic inquiry and research; and

(f) the educational institution adheres to the principles of academic freedom.


Other policies and guidelines of the Government of New Brunswick also apply for the purpose of implementing these evaluation criteria, i.e.:


• Business Application Requirements and Guidelines
• Application for Degree Granting Designation
• Requirements for program proposals audits submitted to the Maritime Provinces Higher Education Commission under the New Brunswick Degree Granting Act
• Five-year reassessment requirements.

2.1 Launching of the Process

Since the Minister launches the process leading to designation, the applicant must submit a letter to the Minister asking for designation of a university program under the Act. Should the applicant be seeking more than one degree designated, a separate letter must be submitted for each request. Each request also serves as a notice of public intent and must contain the following:


• The applicant institution’s full name (if the institution is not yet incorporated, indicate the name of the individual submitting the application on behalf of the institution);
• The institution’s postal and e-mail address and telephone number;
• The name of the program of study and the degree to be granted;
• A brief description of the proposed program, not to exceed 10 pages.


It is recommended that prospective applicants contact the Post-Secondary Affairs Branch of the Department of Post-Secondary Education and Training prior to this official correspondence in order to be fully briefed on the requirements and obligations relating to the designation process. In most cases, discussion and interaction with officials from the Department of Post-Secondary Education and Training and the Department of Business New Brunswick precede the actual formal request for designation. The Department of Post-Secondary Education and Training will not, however, evaluate drafts of business plans or program proposals. If the business plan has already been prepared, it can be attached to the letter submitted to the Minister of Post-Secondary Education and Training.

If the Minister agrees to launch the designation process, the name of the institution seeking a designation and the name of the program of study will be posted on this Web site under “Applications under Review”. It will be removed once it has been either rejected or approved. In the latter instance, the name of the institution and the degree will be added under “Designated Institutions”.

This first step ends with acknowledgment of receipt of the application by the Minister, who will indicate at the same time whether the designation process can be launched.

2.2 Evaluation of the Business Plan

After the initial exchange of correspondence with the Minister of Post-Secondary Education and Training, the applicant will be asked to submit a business plan as per the Business Application Requirements and Guidelines to the Post-Secondary Affairs Branch of the Department of Post-Secondary Education and Training. The business plan can also be submitted simultaneously with the initial letter to the Minister of Post-Secondary Education and Training. However, it is strongly recommended that the applicant be in contact with officials from Business New Brunswick prior to submission of the business plan. The business plan will be reviewed by the Post-Secondary Affairs Branch of the Department of Post-Secondary Education and Training, before being submitted to Business New Brunswick for an in-depth analysis. The applicant may be asked to make changes to the business plan before it is submitted to Business New Brunswick and again before Business New Brunswick makes its final recommendation to the Department of Post-Secondary Education and Training.

It should be noted that the Department of Post-Secondary Education and Training will not proceed to subsequent steps in the designation process until the business plan has been analyzed, recommended by Business New Brunswick and conditionally accepted.

In the event the business plan is rejected, the applicant will have 30 days in which to submit an amended version. Failure to do so will result in the file being closed, and any subsequent applications will have to proceed from the beginning. If, subsequent to the recommendation of Business New Brunswick, the Department of Post-Secondary Education and Training is convinced that the applicant has the resources and plans required to complete the project, the business plan will be given provisional approval, and the applicant will be asked to proceed to the next step in the designation process. If significant changes are made to the program proposal during the program proposal audit, the applicant may be asked to amend the business plan accordingly.

2.3 Program Proposal Audit

Once a recommended business plan has been provisionally approved by the Department of Post-Secondary Education and Training, the Post-Secondary Affairs Branch will write to the applicant, asking the latter to submit the program proposal, the completed designation application form, and a cheque or money order in the amount of $250 payable to the New Brunswick Minister of Finance.

If following after a preliminary review of the program is deemed acceptable, the program proposal will be forwarded to the Maritime Provinces Higher Education Commission, which will produce an audit cost estimate. The Post-Secondary Affairs Branch will notify the applicant in writing of the audit cost and the amount of the first instalment payment required. Before the program proposal audit can proceed, the applicant must confirm acceptance of the audit cost and remit the first instalment to the Post-Secondary Affairs Branch in the form of a certified cheque payable to the New Brunswick Minister of Finance.

Once the applicant has made the first instalment payment, the Maritime Provinces Higher Education Commission will assess the program proposal as per the conditions for reviewing program proposals submitted under the New Brunswick Degree Granting Act. It will select at least three experts in the chosen field of study or in the teaching of that field, and those experts will conduct an independent review of the program proposal and submit en audit report. The applicant will be able to respond to the experts’ audit report. The program proposal will also be forwarded to the Academic Advisory Committee, a joint committee of the Maritime Provinces Higher Education Commission and the Association of Atlantic Universities, for an in-depth assessment.

Once the assessment of the program proposal has been completed, the Maritime Provinces Higher Education Commission will make a recommendation to the Minister of Post-Secondary Education and Training. Its recommendation may take one of the following forms:

1. the proposed program appears to meet the standards generally associated with the proposed degree;
   
2. the proposed program does not appear to meet the standards generally associated with the proposed degree;
   
3. the proposed program should be withdrawn by the New Brunswick Minister of Post-Secondary Education and Training.
   

1. Terms of reference for the experts;
2. The experts’ reports;
3. The applicant’s response to the experts’ reports;
4. Any changes made to the proposal by the applicant upon completion of the process;
5. Any other document the Maritime Provinces Higher Education Commission deems necessary for the New Brunswick Minister of Post-Secondary Education and Training to make a decision.

Lansbridge University
      Bachelor of Business Administration (BBA)
      Master of Business Administration (MBA)
Yorkville University
      Master of Arts in Counselling Psychology

Designated institutions must comply at all times with the requirements established under the Act, the Regulation and applicable policies of the Government of New Brunswick.

Designated institutions are also expected to maintain regular contact with the Post-Secondary Affairs Branch of the Department of Post-Secondary Education and Training and to forward for the Department’s analysis and approval any changes made to the program after its designation.

Within 60 days of the end of their fiscal year, institutions are required to submit to the Post-Secondary Affairs Branch an annual report containing the following:


• A complete, independently audited financial statement;
• A summary of operations during the past year;
• A complete description of any changes made to the program, including those already submitted to the Post-Secondary Affairs Branch;
• A brief description of plans for the following year, with particular emphasis on challenges to be met.

7.1 Degree Granting

7.1 a) Granting of degrees by the private sector
7.1 b) Private and public funding
7.1 c) Non-degree programs
7.1 d) Operation and offer of programs outside the province
7.2 e) Applicant incorporation


7.2 Designation
7.2 a) Responsibility for cost of designation process
7.2 b) Program proposal audit cost
7.2 c) Role of the Maritime Provinces Higher Education Commission
7.2 d) Length of the designation process
7.2 e) Designation renewal
7.2 f) Multiple, simultaneous applications


7.3 Accountability and Infractions

7.3 a) Inspections
7.3 b) Penalties and infractions
7.3 c) Revocation of a designation
7.3 d) Reinstatement of a designation


7.4 Studies and Students

7.4 a) Protection of tuition fees
7.4 b) Student financial assistance

7.4 c) Off-campus work for international students" en anglais

Yes. The Degree Granting Act permits private businesses to offer university degrees, but only if have been officially designated under the Act to offer the degree(s)

No. Private degree-granting institutions do not have access to the university funding envelope managed by the Maritime Provinces Higher Education Commission. However, private degree-granting institutions, like any other business in New Brunswick, may be eligible for funding through business development assistance programs.

Yes. Only the programs leading to a degree are subject to the Degree Granting Act. Under the Act, a degree includes associate, bachelor, master, and doctorate degrees. However, a non-degree program, whether offered by the applicant or by a third party through an agreement with the applicant, that is articulated with a degree or offered as a component of, a program of qualifying study for, or a corollary to a degree may be subject to the Act if it allows students to earn credits towards a degree. The offer of non-degree post-secondary programs may be subject to the Private Occupational Training Act, administered by the Department of Post-Secondary Education and Training.

No. In order to offer a New Brunswick degree, the institution must operate in the province. While this does not mean that it cannot offer courses in classrooms elsewhere or that students cannot register and take distance courses from outside New Brunswick, the institution’s headquarters, administration, and operations must be located in New Brunswick. In addition, locations where teaching is provided outside New Brunswick, including those abroad, may be subject to inspection from the New Brunswick Department of Post-Secondary Education and Training and must always meet the requirements imposed on the applicant by New Brunswick. Some private institutions operating outside of New Brunswick do offer university programs to New Brunswick residents, but the Government of New Brunswick does not certify the quality of those programs. It should be noted that some provinces in Canada and certain countries require some form of permission for the delivery in classrooms within their jurisdictions of programs sanctioned by another authority. In such cases, the applicant is responsible for ensuring compliance with all applicable laws and policies at all times.

No. However, institutions must furnish evidence on the designation application form that they are either duly incorporated in New Brunswick or that they are duly incorporated elsewhere and are registered in New Brunswick as an extra-provincial corporation.

The applicant is fully responsible for producing the business plan and program proposal. The Maritime Provinces Higher Education Commission will recover the full cost of the assessment of the program proposal, including the recruiting and retention of experts, inspection of premises, the production of the program proposal audit report, and staff and administrative fees. The Maritime Provinces Higher Education Commission will recover these costs through the Department of Post-Secondary Education and Training, which in turn will invoice the applicant. The applicant’s acceptance of the program proposal audit cost and its payment in full is a mandatory requirement of the designation process.

The cost of a program proposal audit may vary considerably from one program to another, depending on the field of study, the complexity of the proposal, the quality of the proposal, etc. However, applicants should be aware that it is expensive to have a proper audit done. Such assessments can run from $25,000 to $60,000. Applicants should evaluate the real cost of the requested designation before submitting an official request.

The Degree Granting Act indicates that program proposal audits shall be performed by the Maritime Provinces Higher Education Commission or such other body as the Minister may approve. However, the Minister of Post-Secondary Education and Training has entered into an agreement with the Maritime Provinces Higher Education Commission whereby the latter is the de facto auditor of all program proposals submitted under the Degree Granting Act.

There is no established timeline, as each designation process may vary in length depending on the field of study, the complexity of the program proposal, and the quality of the proposal. Also, the production of the business plan and the program proposal depend entirely on the applicant’s timeline. In cases where the business plan and program proposal satisfy all requirements, and there are no scheduling conflicts for the decision makers or signatories, the following timelines could be expected: Step 1: Launching of process +/- 1 month Step 2: Business plan +/- 1 month Step 3: Program proposal 3 to 6 months Step 4: Designation +/- 1 month To date, no designation process has been completed in less than 12 months.

No. Designated degree-granting institutions must submit to a reassessment of the academic program every five years and be re-designated every ten years.

Yes. The Post-Secondary Affairs Branch and the Maritime Provinces Higher Education Commission can process several applications simultaneously. However, in the event the applicant does not already offer a degree, an initial designation will be made and the others will be held back until the institution has demonstrated its ability to deliver the first designated program effectively. This demonstration will take place over the course of a few months, during which time the institution will establish its administration, admit its first students, hire its first instructors, deliver a significant part of the program, and undergo a complete inspection. In the meantime, the other designation applications may proceed normally as far as the ministerial recommendation stage. Once the institution has satisfactorily demonstrated that it has effectively delivered the first designated program, the other designations may be recommended to the Lieutenant-Governor in Council.

Yes. The Degree Granting Act authorizes the Minister of Post-Secondary Education and Training to appoint inspectors who may enter the premises of an educational institution or any other premises where they have reason to believe there might be relevant information to conduct an inspection, examine the records, financial records, bank accounts, vouchers, correspondence, or other documents of an educational institution, remove any such documents and make a copy or extract of them in order to determine compliance with the Act and Regulations. No one may obstruct or interfere with an inspector in the performance of his or her duties or withhold, destroy, conceal, or refuse to provide documents required for inspection.

Yes. There are four types of penalties: a) Revocation of designation for any institution that no longer meets or is unwilling to meet t he requirements for designation, or fails or refuses to comply with any term or condition attached to the designation; b) sanction under Part II of the Provincial Offences Procedure Act as a category E offence for an institution that violates or fails to comply with any provision of the Act; c) sanction under Part II of the Provincial Offences Procedure Act as a category B offence for an institution or one of its managers, employees, or representatives that violates the General Regulation, and d) injunction by the Court of Queen’s Bench prohibiting the continuation of the infraction.

Yes. Article 8 of the General Regulation under the Degree Granting Act stipulates that the Lieutenant-Governor in Council may revoke the designation of an institution that no longer meets or is unwilling to meet the requirements for designation, fails or refuses to undergo a program assessment audit, or fails or refuses to comply with any term or condition attached to the designation.

Yes. A revoked designation may be reinstated if at least one year has elapsed since the revocation and if the applicant submits to a new, complete assessment of the program.

No. The Training Completion Fund created under the Private Occupational Training Act does not include degree-granting institutions. It is recommended that students find out about the institution’s tuition fee refund policy before enrolling.

Yes. However, a degree-granting designation does not imply that an institution is designated for student financial aid. In addition, the New Brunswick Student Financial Assistance program is designed solely for residents of New Brunswick. If you are not a resident of New Brunswick, consult the financial assistance service in your home province or country. If you believe you will require financial assistance to cover the cost of your studies, it is recommended that you verify both your eligibility for such assistance and the institution’s designation for student financial aid before enrolling in any educational program. You may obtain information about financial assistance for New Brunswick students by contacting Student Financial Services of the New Brunswick Department of Education.

Yes, but only on the campus of the designated institution. Immigration Canada’s policies do not allow foreign student to work off-campus. To know more on this issue, communicate with the Canadian embassy in your country. A list of embassies and consulate offices can be found at the Department of Foreign Affairs Canada web site