MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES STATUTE LAW AMENDMENT ACT, 2000 / LOI DE 2000 MODIFIANT DES LOIS EN CE QUI A TRAIT AU MINISTÈRE DE LA FORMATION ET DES COLLÈGES ET UNIVERSITÉS

CONTENTS

Monday 4 December 2000

Ministry of Training, Colleges and Universities Statute Law Amendment Act, 2000, Bill 132, Mrs Cunningham / Loi de 2000 modifiant des lois en ce qui a trait au ministère de la Formation et des Collèges et Universités, projet de loi 132, Mme Cunningham

STANDING COMMITTEE ON GENERAL GOVERNMENT

Chair / Président
Mr Steve Gilchrist (Scarborough East / -Est PC)

Vice-Chair / Vice-Présidente

Mrs Julia Munro (York North / -Nord PC)

Mr Toby Barrett (Norfolk PC)
Mrs Marie Bountrogianni (Hamilton Mountain L)
Mr Ted Chudleigh (Halton PC)
Mr Garfield Dunlop (Simcoe North / -Nord PC)
Mr Steve Gilchrist (Scarborough East / -Est PC)
Mr Dave Levac (Brant L)
Mr Rosario Marchese (Trinity-Spadina ND)
Mrs Julia Munro (York North / -Nord PC)

Substitutions / Membres remplaçants

Mr Ted Arnott (Waterloo-Wellington PC)
Mrs Tina R. Molinari (Thornhill PC)
Mr George Smitherman (Toronto Centre-Rosedale / Toronto-Centre-Rosedale L)
Mr Bob Wood (London West / -Ouest PC)

Clerk / Greffière

Ms Anne Stokes

Staff /Personnel

Ms Catherine Macnaughton, legislative counsel

The committee met at 1551 in committee room 1.

MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES STATUTE LAW AMENDMENT ACT, 2000 / LOI DE 2000 MODIFIANT DES LOIS EN CE QUI A TRAIT AU MINISTÈRE DE LA FORMATION ET DES COLLÈGES ET UNIVERSITÉS

Consideration of Bill 132, An Act to enact the Post-secondary Education Choice and Excellence Act, 2000, repeal the Degree Granting Act and change the title of and make amendments to the Ministry of Colleges and Universities Act / Projet de loi 132, Loi édictant la Loi de 2000 favorisant le choix et l'excellence au niveau postsecondaire, abrogeant la Loi sur l'attribution de grades universitaires et modifiant le titre et le texte de la Loi sur le ministère des Collèges et Universités.

The Chair (Mr Steve Gilchrist): I call the committee to order for clause-by-clause of Bill 132, An Act to enact the Post-secondary Education Choice and Excellence Act, 2000, repeal the Degree Granting Act and change the title of and make amendments to the Ministry of Colleges and Universities Act.

As is our protocol, instead of opening statements, members are free to speak to the section and/or anything that comes to mind, but your invitation to do that would be my calling for any questions, comments or amendments to section 1.

Mrs Tina R. Molinari (Thornhill): Mr Chair, are you starting with some opening comments and opening statements? Are we all doing that?

The Chair: If anyone wanted to make opening statements, this would be a good time. If you'd rather reserve your comments to the relevant sections, that also is in order.

Mr Rosario Marchese (Trinity-Spadina): Mr Chair, I want to put on the record the fact that the parliamentary assistant has made some effort to work with the opposition members as a way of-I'm not sure how collaborative it is, but it is encouraging to see that some members are interested in working with the opposition to try to get some amendments through on the basis that they are fair and reasonable and they would probably improve the bill.

I just wanted to congratulate Ms Molinari for the efforts she is making. Quite frankly, I don't see it too often, I must admit, since we've got a few moments. I recall in the past when I used to do this, as a government member, and found that some things you folks were saying on the other side were reasonable. Finding them reasonable, I would go to the staff and say, "What's wrong with that?" Then we'd go to the whip and say, "I'm going to support this," and they would go crazy. They would accuse us of freelancing and say, "What are you doing?"

It is my view that often opposition members can, obviously, contribute to making the bill better, even if we disagree with parts of it or most of it. It is the duty, I think, of the government members, while they are in committee, to listen very carefully to what opposition members have to say-that's not always been the case-and in so doing, adopt some of the changes we are making. I wanted to say that for the record.

On this bill, I am completely opposed to the privatization of our university system. I think it's wrong. I think there's no need for that. We believe that very few people in Ontario believe there is a need for them. You would have to scratch your head awfully hard and dig deep into the ground to find a couple of them who might well agree with private universities. I don't know too many, but I'm convinced some of you know a couple who want private universities.

Generally speaking, governments respond to a perceived need, or we respond to the fact that people are demonstrating in the streets, saying, "We want private universities." That's the way it works generally, right? I suspect some of you might argue that you're leading on this issue. Even though there is no groundswell of support out there, you, as brilliant as you are-because you folks are omnipotent and omniscient and so much more-know better than the general public. For their benefit, because you are so benevolent, you have introduced a measure that is really, really going to help the people out there who are looking for choice and excellence; not just choice, but excellence too. As I say, while I haven't seen too many, I suspect you are looking way ahead, anticipating the crowd and the groundswell of people who will demand it some day, and you're ahead of the pack.

I wanted to make those couple of points to suggest as well that you're not going to solve our enrolment problem, our capacity problem. We have a capacity problem that you're not fixing very well. You would rather spend $1 billion in tax rebates than building capacity of our university system to accept these students who we should be accepting in our universities. That's your priority. You don't want to spend like the old governments. No, no, that would not be your way, or certainly M. Eves's way, who said today, "We're not going to go back to the tax-and-spend ways." But $1 billion of tax rebates is something that maybe you can afford to do. I understand. You found $1 billion by cutting education funding: elementary and secondary, $1.6 billion; post-secondary, $500 million; and I would say in total about $1.4 billion in operating funds. While you restored a couple of dollars, by and large, you cut a whole lot of money.

You're not dealing with the capacity problem we've got and students are going to be strapped to find a place. So you say, "That's why we're introducing private universities, to deal with the capacity issue." Well, how many students do you think that will accommodate? I don't think you know. It might accommodate a couple of thousand students, maybe. Some claim and say-

Mrs Marie Bountrogianni (Hamilton Mountain): A couple of thousand rich students.

Mr Marchese: A couple of thousand rich students-God bless. There are rich and poor. They all need to have choice and excellence.

The estimate is that you would need, by the end of the decade, about 90,000 spaces for our students. At the rate you're going, we're in trouble. You've also got the double cohort problem you've got to deal with in three or four years, and that's something I don't think you're planning for very well. And, by the way, this will happen when the recession is in full force, so you're going to face a whole heap of problems. So while this private university of yours will accommodate the wealthy young men and women who need choice, it simply won't solve the capacity problem. To say that it does is dumb. It's not logical. It's absurd. It's really dumb. What need does it solve? I'm not quite sure. I really don't know why you folks are doing this.

My opposition is particularly to this introduction of private universities. We are afraid that once the North American free trade agreements are applied to this bill, we're going to face problems. Once you allow private universities to come in, you have to apply fair treatment laws or fair treatment principles to them, which means they will have to be treated equally along with other public institutions. If that is so, a whole lot of people are going to be unhappy about what it means to treat them equally when they are presumably a private university and presumably they're going to have to pay their own way. You say the government is not going to provide any funding, which, by the way, I doubt. That's why we've got some amendments, to try to make it more difficult for the private universities to have access to the dollars they're hoping they're going to get.

Anyway, I don't want to bore you too much. We'll have an opportunity, once this comes for third reading, to speak to the public directly, and I will have more to say on this and other things.

The Chair: We certainly look forward to those comments.

Mr Marchese: Of course.

Mrs Bountrogianni: I just want to make it clear that the Liberal caucus does support this part of the bill. We agree with the part that gives applied degrees to community colleges. We think that's a timely and correct choice and it will make them more competitive. We will be watching that those degrees are of quality level and they're not just Mickey Mouse degrees, just a piece of paper saying you've got a degree without an employer actually respecting that piece of paper. We like that part of the bill.

The part that we're against is the private universities. We understand it's a majority government, so of course it's going to pass. Our amendments are made to protect the students. I too want to thank the parliamentary assistant, Ms Molinari, for working with us in the hopes that our amendments will either pass or be part of regulation or be part of some process so that students are protected during the enactment of this bill.

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We too believe that part of the motivation for this bill was the fact that the double cohort is coming and the government hasn't planned appropriately for it: over 90,000 more students in 2003, and then the echo boom means that this problem will continue even after those years. If this is a solution, I think we're going to have difficulties in 2003.

Tuition has increased. Deregulation of some programs, particularly medicine and law, has made it the area of the rich right now. Research has shown that students with families under $50,000 are accessing these deregulated programs to a significantly lesser degree than nine years ago. Those are some of the concerns we have. We don't think this bill will address those concerns, but as an opposition all we can do now is lessen the blow, protect the students, and hope that times will change and that the public education system will be funded more appropriately so that the need for private institutions won't be there and they will close on their own because the public institutions will continue to offer the programs that they offer.

Just one last note: in all of the Canadian embassies across the world, one of the bragging points is the fact that we have only public universities, by and large, in Canada. That ensures consistency of quality, and that's one of the selling points of this country. It really saddens me to see that the beginning of the end of this is in the province where I reside.

With that, I go in good faith that the government will at least acknowledge that some of the amendments are good and that they will protect the students when this bill is enacted.

Mr George Smitherman (Toronto Centre-Rosedale): I am happy to take the opportunity to put on record my concerns with respect to what I do see as the slippery slope toward the loss of the traditional, and I would have hoped enduring, values that Canadians relate to. With bills like this to allow for private universities I think we see the essence of what is Canada heading down a very, very treacherous and slippery slope.

It seems to me that Canadians associate well-funded systems of public health and public education as key elements, defining characteristics, of their country. We saw in the recent federal election campaign extraordinary debates around one-tier or two-tier. In my view, this is the two-tier equivalent of the debate that went on with respect to the health care system.

I would say that, for those who, like me, feel a great sense of angst in the face of this increasing trend on an economic level toward globalization and the threats that come with it in terms of whether our country-a small country in the grand scheme of things-will be able to sustain itself and the things that we value in the face of these extraordinary global pressures, the government has caved in on this for what amounts in some sense to a land play, as I hear about it discussed in York region and from prominent members of governments past. Traditional Canadian values are put at risk by this legislation, and the hope that Canadians share in these common values of a well-funded system of public education and public health-they are made much less likely to be enduring Canadian values as a result of the government's willingness to allow a different set of rules to play for those who have no limit to cash. Thank you.

The Chair: Thank you. Further debate?

Mrs Molinari: I welcome the opportunity to speak for a few moments before we get into the actual debating clause by clause of the bill.

I want to first of all thank all the presenters who came and took the time and effort to make presentations before this committee, and also all of the people who participated in our ongoing consultation process that the minister and I engaged in through the months of May and June. Some of the issues that came through those consultations and the presenters-there was a consistent theme, and I believe the legislation that is put forward addresses that theme that we heard through the consultation process.

I want to also thank the opposition members for their interest in the bill. Although we differ philosophically in a number of issues, I think the time and effort that they spent in putting together the amendments that they've presented and in the research that they've done certainly says they have a real interest. I thank them for their effort and their willingness to work co-operatively. I really appreciate that.

I want to clarify the intent of this legislation. If enacted, the proposed legislation would allow the government to implement its access to degree programs initiatives to provide more choice to students and promote improvement and excellence in our post-secondary system.

I also want to clarify that this bill is not designed to address the double cohort or increasing enrolment, as has been stated by both the opposition members. The government invested over $1 billion through SuperBuild to create 73,000 student spaces. In essence, this bill is about choice for students. We have never said that this bill would be what would be addressing the capacity issue.

I also want to put on record some of the concerns that were expressed in some of the presentations; specifically, the impact of NAFTA and GATS, the General Agreement on Trade in Services. Under the existing North American free trade agreement, Canadian governments have the right to adopt or maintain their own policies in respect of social services such as public education and public training. Ontario's ability to provide financial support to its public universities will not be affected by NAFTA. As Canada's Minister for International Trade advised the House of Commons in May 2000, "It is Canada's right to regulate and protect fundamental Canadian values within the health care sector as well as in education."

With respect to the GATS, education is not part of the existing GATS agreement. The federal government has consistently stated that education will not be part of the negotiations for a new GATS agreement. With respect to the current GATS negotiations, Canada's World Trade Organization ambassador and former Minister of International Trade, Sergio Marchi, appeared before the House of Commons standing committee on foreign affairs and international trade in March 2000 and stated, "Let me assure you that Canada's health and education services will not be on the table during these discussions." This position has been supported by Ontario's Minister of Economic Development and Trade, who has stated on numerous occasions that Ontario will not support any new WTO trade liberalization agreement that jeopardizes the provision of public education, health and social services in the province.

With respect to some of the comments about provincial research funds, at present, only publicly assisted universities, colleges of applied arts and technology, not-for-profit research institutes and research hospitals qualify for research funding under the competitive programs at the Ministry of Energy, Science and Technology; ie, the Ontario research and development challenge fund, the Ontario Innovation Trust and the Premier's Research Excellence Awards. If a private university were to request eligibility or wished to partner with a publicly assisted university, the issue of institutional eligibility would have to be re-examined. A private university would not qualify under the existing criteria.

Thank you, Mr Chair, for allowing me to put that on the record. I am prepared now to continue on with the passage of the legislation through the committee and to go through the clause-by-clause.

Mr Marchese: Just a couple of remarks. The issue of capacity is on the table. Her minister and her government generally speak to this issue all the time. I'm surprised Mrs Molinari says, "It is not an issue for us or this bill," as if they're not connected or related and we shouldn't even talk about it, because they have said it deals with the issue of capacity on a number of occasions in a number of speeches that have been made. So it surprises me that she would say that.

As a corollary, she then said, "Ah, but we have the SuperBuild fund. That deals with capacity." The SuperBuild fund is an inadequate fund. Just to remind you, New Democrats used to spend more on capacity building in a recessionary period than you folks are doing in this wonderful economy of yours that you are so proud of. While you're saying the SuperBuild fund is taking care of that, it is inadequate. Proportionate to this great wealth of this economy, it is less than what we were spending. Proportionate to the needs, it is hardly commensurate. We've got a problem is what I'm saying to you, Tina.

I know you've got to put a good spin on it. That's fine, I understand, because that's what you folks do all the time here in committee and in the Legislature, and you're always performing, right?

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We always have to tell the folks, on television or in print, these are the facts. I love your minister. Today she says, "Our facts are different." She knows about her facts, right? She has never put out these facts by way of research, saying, "Here we've got the research." She just says, "You're not telling the truth." You can't say that, but she says to the opposition members, "No, no, no, those facts are wrong." Does she say that, more or less? Presumably her facts are right and she says that all the time. But it's not just she-

Interjection.

Mr Marchese: She's the minister. She's omnipotent; exactly.

With respect to the issues of NAFTA and the multilateral agreement on investment, GATT is the old group of people who were negotiating. That has been disbanded. Now we've got a new group, MAI. Now we've got another little group dealing with services.

You may not have heard about it, Tina, but a whole lot of people in the background-those rich countries that hire a whole lot of good bureaucrats, who work out agreements for us little people-have services, which by the way include health, education, culture and so on, on the table. The Americans want this on the table and so do a few other countries.

By the way, while you quoted M. Marchi as saying one thing, some of those people federally are doing another in the back scene. We've got to be vigilant at all levels here. It's not just provincial members not knowing what's happening out there, but at the federal level we may not be getting the straight goods either. So services are on the table.

I am quite concerned about the fact that health is a big industry, and a whole lot of people who want to make money want health to be on the table. You know that. Education too is a big industry, and a whole lot of people could stand to make a lot of money, and they want that on the table too. International agreements, not just between us and the Americans, right? I thought I'd put that on the record for you.

With respect to the fact that they wouldn't qualify for research, maybe I haven't seen any amendment that you might have made, but you might want to clarify that in the amendments, so you would say they don't qualify for research funding. You might want to specify what they don't qualify for so that we know, as opposed to saying they don't qualify-you might want to spell it out in the bill, which would be helpful. I would support it, I think.

Mrs Bountrogianni: Quickly, I want to corroborate my colleague Mr Marchese's comments. The minister has in fact addressed the capacity issue through this bill on a number of occasions and said, "This is one way; we can't do it on our own." Also, even if-and it's a big if-the SuperBuild was enough, that's only walls and buildings.

Not one more professor was hired, or there isn't any plan to hire one more professor, or equipment, and those are operating dollars. So to say that you have fulfilled the space problem for 2003 just by building buildings is inaccurate.

As far as public monies, thank you for reading that, but what you were quoting started with "At present," which means the future is unknown.

I also want to go back to last week's hearings, where the parliamentary assistant herself said, "I can't guarantee you what other ministries will give or not give, with respect to public monies, to these private institutions." I saw the ministry employee squirm a little bit when you said that, so maybe it was a mistake. Maybe there is some sort of guarantee so other ministries cannot give to private universities. Again, there is no assurance, so that part of the bill is wishy-washy at best.

We should probably just be honest with the public and say, "We believe in this and therefore we'll give public money. Judge us at the next election." But this wishy-washiness is very bothersome and I want to put that on the record.

The Chair: Thank you. Further debate? To section 1?

Seeing none, shall section 1 carry? Section 1 is carried.

Section 2, any comments or amendments? Debate?

Seeing none, shall section 2 carry? Carried.

Section 3: Mr Marchese, you are first up to bat. It would be the motion entitled A1.

Mr Marchese: Subsection 3(7) of the bill, section 12 of the Ministry of Training, Colleges and Universities Act.

I move that section 12 of the act as set out in subsection 3(7) of the bill is amended,

(a) by striking out subsections (1) and (2); and

(b) by striking out "$25,000 if the person is an individual or" in clause (5)(a).

The Chair: Do you want to speak to your amendment?

Mr Marchese: No. I think we can go through most of these things really quickly.

The Chair: OK. All those in favour of the amendment? Opposed? The amendment is lost.

Further debate on section 3? Seeing none, shall section 3 carry? Section 3 is carried.

Mrs Molinari: I move that section 4 of the bill be struck out and the following substituted:

"Commencement

"4(1) Subject to subsection (2), this act comes into force on the day it receives royal assent.

"Same

"(2) Sections 1 and 2 come into force on a day to be named by proclamation of the Lieutenant Governor."

The Chair: Do you wish to speak to the amendment?

Mrs Molinari: Yes. This amendment is administrative. The Post-secondary Choice and Excellence Act, 2000, will be proclaimed at a later date if the bill is enacted. The current Degree Granting Act will be repealed. Until the proclamation of the Post-secondary Choice and Excellence Act, 2000, the current Degree Granting Act will remain in force. All other parts of the bill will come into force on the day of royal assent if the bill is enacted.

The government feels it would be prudent to give itself some administrative flexibility to determine when sections 1 and 2 come into force. The new Post-secondary Education Quality Assessment Board that will provide the continuing quality control has not yet been appointed. It has not yet developed criteria, which we feel should be done carefully and with full consideration of maintaining quality. When the board is appointed and has developed its criteria and processes to ensure the competency and ability of an applicant to provide a degree program and to ensure consumer protection, we intend to proclaim these sections.

The Chair: Further debate? Seeing none, I'll put the question.

All those in favour? Opposed? The amendment is carried.

Shall section 4, as amended, carry? Section 4, as amended, is carried.

Section 5. Any debate or amendments? Seeing none, shall section 5 carry? It is carried.

Schedule, section 1. Shall schedule section 1, carry? Carried.

Schedule section 2.

Mrs Molinari: I move that section 2 of the schedule to the bill be amended by adding the following subsection:

"Exception

"(2) Despite subsection (1), a person may directly or indirectly advertise and provide a program or part of a program of post-secondary study leading to a degree if,

"(a) the person provides the program or part of the program under an agreement with another person who is authorized by an act of the assembly or by the minister under this act to provide the program or part of the program; and

"(b) the degree to which the program or part of the program leads is conferred only by that other person who is authorized to provide the program or part of the program."

The Chair: Do you wish to speak to the amendment?

Mrs Molinari: Yes. This adds a subsection to section 2 of the schedule to Bill 132. This schedule is the Post-secondary Education Choice and Excellence Act, 2000. Because we are suggesting adding a new subsection, the numbering of section 2 will change. The current section 2 would become subsection 2(1).

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In submissions to the committee I have heard, and the minister has also heard, that there has been some confusion about the regulation of collaborative programs between colleges of applied arts and technology and other institutions. We believe this proposed amendment clarifies and provides more concrete and specific wording. It does not change the bill's intent from the previous wording. The government encourages and, through this amendment, confirms that collaboration agreements between colleges and other institutions will be permitted as long as one of the partners has authority to offer a program or part of a program and to offer the degree under the proposed provisions of this act.

The Chair: Further debate? Seeing none, I'll put the question.

All those in favour of the amendment? The amendment is carried.

Shall section 2 of the schedule, as amended, carry? It is carried.

Schedule 3 of the section.

Mr Marchese: I move that section 3 of the schedule to the bill be amended by striking out "or by the minister under this act."

The Chair: Do you wish to speak to that?

Mr Marchese: No, it is quite obvious. I'll speak to this in the House when we have time.

The Chair: Any further debate?

Mrs Molinari: I could speak on and explain all these amendments. We won't be supporting this. This is in the opposite direction of the government initiative and cannot be supported. Sufficient scrutiny of the new private universities will occur, under the bill's proposals, by expert academic assessors, by representatives of all interested parties serving on the Post-secondary Education Quality Assessment Board and by the transparency process. The giving of a consent for a fixed term will allow for further scrutiny on an application for renewal, which presently doesn't exist. We will not be supporting this amendment.

The Chair: Further debate?

Seeing none, all those in favour of Mr Marchese's amendment? Opposed? The amendment is lost.

Shall section 3 of the schedule carry? It is carried.

Section 4.

Mr Marchese: Here I go again, Tina. I move that subsection 4(1) of the schedule to the bill be amended by striking out "sections 2 and 3" and substituting "section 2." I want to hear from Tina.

The Chair: Further debate?

Mrs Molinari: It is basically the same as the previous one, so we will not be supporting it.

The Chair: Any further debate?

Seeing none, all those in favour of the amendment? Opposed? The amendment is lost.

Mrs Bountrogianni: I move that section 4 of the schedule to the bill be amended by adding the following subsection:

"Exception

"(1.1) Despite subsection (1), the minister shall not give a written consent to a person to do one or more things described in section 3 if they are seeking consent as a private university."

We believe the term "university" should only be in the public domain. These private things can call themselves institutes or schools, but we prefer the term "university" be in the public domain.

The Chair: Any further debate?

Seeing none, all those in favour of the amendment? Opposed? The amendment is lost.

Mrs Bountrogianni: I move that subsection 4(4) of the schedule to the bill be amended by striking out "and" at the end of clause (a), inserting "and" at the end of clause (b) and adding the following clause:

"(c) that the person has made arrangements to ensure that students will receive a partial course credit from another educational institution if the person ceases to teach a course before the scheduled end of the course."

Basically, this is to protect students if these institutions, like their private college cousins, either go under or professors or teachers-I have part-time instructors in mind-quit in the middle of a course. It just protects the students.

Mr Marchese: Very reasonable, I think.

The Chair: Further debate?

Mrs Molinari: Just a comment on this amendment. We will not be supporting it. There is no jurisdiction anywhere, of which we are aware, that requires institutions to accept transfer students. We intend to make it mandatory for consent holders to advise students of transfer arrangements where they exist, and to let students know if they do not exist. It is covered in a portion of the bill, number 13(e) under the regulations.

This is unduly restrictive, as the board will assess the viability of proposals and we do not expect proposals to be recommended that will result in closure.

The Chair: Any further debate?

Mrs Bountrogianni: There is a jurisdiction, and that's the province of Alberta, but we'll go on to the vote now.

Mr Marchese: Excuse me, they don't know that?

Mrs Bountrogianni: Obviously not.

The Chair: Any further debate? Seeing none, I'll put the question.

All those in favour of the amendment? Opposed? The amendment is lost.

Mrs Bountrogianni: I move that section 4 of the schedule to the bill be amended by adding the following subsection:

"Minimum requirements

"(4.1) The Minister shall not give a consent unless he or she is satisfied that,

"(a) the person seeking the consent will have physical facilities containing equipment and learning resources appropriate to the educational programs to be offered and a sufficient number of full-time teaching staff with appropriate educational qualifications to teach the programs; and

"(b) the quality of education and training to be offered will be comparable to or better than the quality offered by educational institutions operating in Ontario on a non-profit basis."

Again, this is basically to protect the student with respect to the quality in the institution. I understand there will be a board that will be okaying the quality of institutions, but this is an added insurance.

As well, I want to refer the government members to the institute in Mississauga-I can't remember the name-which defrauded the government of $18 million of OSAP. When investigated, it was a two-room joint. I just want more assurance that that won't occur at the university level.

The Chair: Any further debate? Seeing none, I'll put the question.

All those in favour of the amendment? Opposed? The amendment is lost.

Mr Marchese: I move that subsection 4(5) of the schedule to the bill be amended by striking out clause (b).

The Chair: Do you wish to speak to the amendment?

Mr Marchese: I want to hear from Tina.

The Chair: Any further debate?

Mrs Molinari: I can just say it's the same as the other motions. They're all consistent, so the same comments I made on your amendment number 3 pertain to this one.

The Chair: Further debate?

Seeing none, all those in favour of the amendment? Opposed?

Were you jumping the gun, or are you opposed?

Mr Marchese: I couldn't hear you well.

The Chair: All those opposed? The amendment is lost.

Ms Molinari, with what will likely be the last one under the wire at 4:30.

Mrs Molinari: I move that subsection 4(6) of the schedule to the bill be amended by striking out "section 3" and substituting "section 2 or 3."

The original subsection, along with subsection 7, which I will address later, provided the minister with the authority to consider future development and evolution of our Ontario college system beyond the granting of applied degrees.

We think it is prudent to provide this flexibility now, even though we are not contemplating allowing Ontario colleges to grant other than applied degrees or to have a college evolve into a university at this time.

The original wording of the subsection, along with subsection 7, however, allowed this evolution to happen only if a college first became a university. This presented an either/or situation for the future evolution of colleges. In order to grant ordinary degrees, a college would first have to become a university. There would be no middle ground for a college to be a polytechnic institute or a university college with the authority to grant a limited number of ordinary degrees. Such an evolution would require scrutiny by cabinet before it happened, and any changes would need to be by regulation.

The Chair: Any further debate? Seeing none, I'll put the question.

All those in favour of the amendment? Opposed? The amendment is carried.

With that, I remind everyone that-and I quote from the order given to the committee-"Pursuant to standing order 46 that at 4:30 pm on the final day designated by the committee for clause-by-clause consideration of the bill, those amendments which have not been moved shall be deemed to have been moved and the Chair shall interrupt the proceedings and shall without further debate or amendment put every question necessary to dispose of all remaining sections of the bill and any amendments thereto."

Therefore, you will find the amendments numbered at the top of the page. We will proceed on that basis.

The next amendment up is number 10, an NDP motion.

All those in favour? Opposed? The amendment is lost.

Amendment number 11, a government motion. All those in favour? Opposed? The amendment carries.

Shall schedule 4, as amended, carry? Schedule 4, as amended, is carried.

Schedule 5, amendment number 12, a Liberal amendment. All those in favour? Opposed? The amendment is lost.

Number 13. All those in favour? Opposed? The amendment is lost.

Number 14. All those in favour? Opposed? The amendment is lost.

Shall section 5 of the schedule carry? Section 5 of the schedule is carried.

Shall section 6 of the schedule carry? It is carried.

The next amendment is number 15, a Liberal motion. All those in favour? Opposed? The amendment is lost.

Number 16. All those in favour? Opposed? The amendment is lost.

Shall section 7 of the schedule carry? It is carried.

Amendment number 17. All those in favour? Opposed? It is lost.

Number 18. All those in favour? Opposed? Lost.

Shall section 8 of the schedule carry? It is carried.

Section 9, amendment 19. All those in favour? Opposed? The amendment is lost.

Shall section 9 of the schedule carry? It is carried.

Shall section 10 of the schedule carry? It is carried.

I am ruling amendment number 20 out of order. Money bills or any amendment that purports to spend money must first be assented to by the Lieutenant Governor, which means we have no section 10.1.

Shall section 11 of the schedule carry? It is carried.

Amendment 21. All those in favour? Opposed? That amendment is lost.

Amendment number 22. All those in favour? Opposed? That amendment is lost.

Shall section 12 of schedule carry? It is carried.

Shall section 13 of the schedule carry? It is carried.

Shall section 14 of the schedule carry? It is carried.

Shall the title of the bill carry? It is carried.

Shall Bill 132, as amended, carry? All those in favour? Opposed? Bill 132, as amended, is carried.

Shall I report the bill, as amended, to the House?

All those in favour of my reporting the bill to the House? Opposed? I shall report the bill to the House tomorrow.

Thank you to all who presented and to all the committee members for your attention to this bill.

The committee stands adjourned.

The committee adjourned at 1634.