Proposed Amendments to The Degree Authorization Regulations

Proposed Amendments to
The Degree Authorization Regulations
May 2015
saskatchewan.ca
Table of Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Amendment of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Amendment of the Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 3 of the Regulations –
Exemptions pursuant to subsection 4(3) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Subsection 7(4) of the Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 31 of the Regulations, Theological Degrees
Table 3 Nomenclature for Undergraduate Theological Degrees . . . . . . . . . . . . . . . . . 5
Table 1 Exemptions pursuant to subsection 4(3) of the Act. . . . . . . . . . . . . . . . . . . . 10
Proposed Amendments to The Degree Authorization Regulations
Introduction
On October 29, 2012, The Degree Authorization Act (Act) was proclaimed and The Degree
Authorization Regulations (Regulations) came into force. The Ministry of Advanced
Education administers the Act and Regulations and has determined that changes are
required to both.
While this document focuses on proposed amendments to the Regulations, following is a
brief update regarding the amendment of the Act, since it is of direct relevance to one of the
proposed regulatory amendments.
Amendment of the Act
The Ministry has determined that the
grandfathering period needs to be extended
to give grandfathered institutions more time to
come into compliance with the legislation in
ways that will not adversely affect students.
Presently, the end date of the grandfathering
period is specified in both the Act (subsection
4(3)) and the Regulations (section 3).
Subsection 4(3) of the Act currently reads as
follows:
What does “grandfathering”
mean?
Grandfathering involves temporarily
exempting an institution from the
application of the Act for a specific
period, enabling the institution to take
measures to come into compliance
with the Act. “Grandfathered”
institutions are listed in Table 1 of
the Regulations.
(3) Notwithstanding subsection (1), an educational institution that, as at December 1,
2011, was directly or indirectly advertising or providing a degree program in Saskatchewan
may continue, with an authorization, to carry out that activity until November 30, 2016 if
the educational institution and the degree program are exempted by the regulations.
Subsection 4(3) of the Act is being amended by replacing “November 30, 2016” with
“the prescribed date”. With this change, the end date of the grandfathering period will be
specified only in section 3 of the Regulations. One of the proposed amendments to the
Regulations is to amend section 3 to change the end date of the grandfathering period from
November 30, 2016 to June 30, 2020.
In spring 2014, the Ministry consulted with the Saskatchewan post-secondary education
sector and with the public on the proposed amendment of the Act and no concerns
or objections were raised. Consequently, in late October 2014, Bill 143, The Degree
Authorization Amendment Act, 2014 was introduced in the fall session of the legislature.
Debate on the Bill continued in the spring 2015 Session of the Legislature, with the Bill
receiving Royal Assent on May 14, 2015.
May 2015
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Consultation Document
Amendment of the Regulations
In spring 2014, while consulting on the amendment of the Act, the Ministry also consulted
on the following three proposed changes to the Regulations:
1. Revisions to Table 1, the list of “grandfathered” educational institutions and programs;
2. Revisions to section 31 and Table 3, the nomenclature requirements for undergraduate
theological degrees; and
3. As a housekeeping measure, the repeal of subsection 7(4) which specifies the review
fees for the first degree applications from SIAST (now Saskatchewan Polytechnic) and
Briercrest College and Seminary.
As a result of feedback received during the 2014 consultations, the Ministry decided to
take a different approach to amending the nomenclature requirements for undergraduate
theological degrees. Accordingly, the Ministry is conducting this second round of
consultations to solicit feedback on the revised approach. In addition, with the amendment
of subsection 4(3) of the Act now complete, the Ministry has included in this regulatory
amendment proposal the amendment of section 3 of the Regulations to extend the
grandfathering period.
The revised set of regulatory amendments now includes the following:
• The revision of section 3 to extend the end date of the grandfathering period from
November 30, 2016 to June 30, 2020;
• As a housekeeping measure, the repeal of subsection 7(4), which specifies the review
fees for the first degree applications from SIAST (now Saskatchewan Polytechnic) and
Briercrest College and Seminary;
• Revisions to section 31 and Table 3, which specify the nomenclature requirements that
apply to undergraduate theological degrees, and the addition of a new Table 4 to specify
restricted nomenclature; and
• Revisions to Table 1, the list of grandfathered institutions and programs.
Following are more detailed descriptions of the proposed amendments and the rationale for
them.
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Proposed Amendments to The Degree Authorization Regulations
Section 3 of the Regulations –
Exemptions pursuant to subsection 4(3) of the Act
Section 3 of the Regulations currently reads as follows:
Exemptions pursuant to subsection 4(3) of the Act
(3) For the purposes of subsection 4(3) of the Act, the educational institutions and degree
programs listed in Table 1 are exempt from the application of the Act until November 30,
2016.
It is proposed that section 3 of the Regulations be revised by replacing “November 30,
2016” with “June 30, 2020”.
Having administered the Act and Regulations for just over two years, the Ministry has
determined that an extension of the grandfathering period is required to provide three of
the four currently grandfathered institutions with additional time to come into compliance
with the legislation in ways that will not negatively impact students. The extension of the
grandfathering period will serve different purposes for these three institutions:
• For Briercrest, the extension will provide additional time for the institution to apply
for authorization of several of its undergraduate theological degrees that are currently
named in a way that does not meet the nomenclature requirements for such degrees.
With only two years remaining in the currently specified grandfathering period, it is not
feasible for Briercrest to apply for, and receive, authorization for all of the degrees in
question, based on the process for degree authorization.
• For Cape Breton University, which partners with Great Plains College to offer a Master
of Business Administration (MBA) degree in Saskatchewan, the extension will give the
University a reasonable period of time in which to apply for authorization, if that is
what it intends to do. Cape Breton University was not able to seek authorization when
the Act was first proclaimed because there were no quality assurance standards in
place for graduate-level degrees. In 2014, the Saskatchewan Higher Education Quality
Assurance Board (SHEQAB) developed standards for graduate-level degrees, which were
subsequently approved by the Minister of Advanced Education in May 2014.
• Athabasca University was originally grandfathered due to uncertainty about whether or
not some of its distance education/outreach activities might be subject to the Act. The
extension to the grandfathering period will provide Athabasca University with additional
time to determine if there are any compliance issues that must be addressed.
May 2015
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Consultation Document
Lakeland College, the fourth
grandfathered institution,
was originally grandfathered
to allow sufficient time to
determine if the College had
a physical presence in our
province. It has since been
determined that Lakeland
College does not have a
physical presence; therefore,
it is proposed that Lakeland
College be removed from
Table 1 (See Table 1
Exemptions pursuant to
subsection 4(3) of the Act for
more information).
What does “physical presence”
mean?
Section 3 of the Act states the criteria used
to determine whether or not an institution has
a physical presence in Saskatchewan. Physical
presence could involve an institution having a head
office Saskatchewan; having a Saskatchewan postal
address, telephone or fax number; occupying real property
in Saskatchewan; or employing or contracting with
individuals in Saskatchewan to provide a degree
program or grant degrees.
Physical presence requirements are intended to
“cast a wide net” to impede the operation of
organizations attempting to offer fraudulent
credentials.
Subsection 7(4) of the Regulations
Subsection 7(4) of the Regulations currently reads as follows:
7(4) In the case of a full review, the minister may waive a portion of the review fee, to a
maximum of $25,000, for the review of a first degree program application by:
(a)the Saskatchewan Institute of Applied Science and Technology; or
(b)Briercrest College and Seminary.
Subsection 7(4) was included in the Regulations to acknowledge the significant
contributions that both SIAST (now Saskatchewan Polytechnic) and Briercrest made to the
development of the quality assurance review process through their participation in case
studies in 2011-12.
It is proposed that subsection 7(4) be repealed since it is no longer required. In 2013, the
Minister waived $25,000 of the $45,000 quality assurance review fee applicable to the first
applications for authorization submitted by SIAST and Briercrest.
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Proposed Amendments to The Degree Authorization Regulations
Section 31 of the Regulations, Theological Degrees
Table 3 Nomenclature for Undergraduate Theological Degrees
Section 2(d) of the Act excludes “theological degree”
from the types of degrees to which the Act applies.
This means that theological degrees offered by
the province’s private theological colleges are
not required to be authorized under the Act and
therefore are not subject to quality assurance review
by the SHEQAB.
What is a “theological”
degree?
Although not defined in either
the Act or the Regulations, a
theological degree is generally
considered to be a degree that is
oriented towards ministerial
leadership or towards general
theological studies.
However, subsection 23(m) of the Act does provide
authority for regulations governing the naming of
undergraduate theological degrees to be granted
in Saskatchewan, reflecting government’s interest
in helping students, parents, employers, and others distinguish between theological and
non-theological degrees so that they will know which degrees have undergone a quality
assurance review.
Section 31 and Table 3 of the Regulations currently address nomenclature requirements for
undergraduate theological degrees as follows:
Theological degrees
31 Any undergraduate theological degree to be granted in Saskatchewan must be given a
name that adheres to the nomenclature set out in Table 3.
Table 3
[Section 31]
Nomenclature for Undergraduate Theological Degrees
For programs oriented towards ministerial leadership:
Bachelor of Theology (BTh)
Bachelor of Ministry (BMin)
Bachelor of Religious Education (BRE)
Bachelor of Sacred Music (BSM)
Bachelor in specialized ministry (such as Bachelor of Arts in Youth Ministry, Bachelor in
Children’s Ministry, Bachelor in Worship Ministry)
For programs oriented towards general theological studies:
Bachelor of Theology (BTh)
Bachelor of Biblical Studies (BBS)
Bachelor of Christian Studies (BCS)
May 2015
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Consultation Document
In 2014, the Ministry proposed amendments to section 31 and Table 3 to clarify intent with
respect to the use of the title “Bachelor of Arts” and to introduce a measure of flexibility for
accommodating nomenclature that, while not including words that denote the theological
nature of the degree, is commonly used within the broader theological college sector (e.g.,
“Bachelor of Arts in Intercultural Studies”).
During the 2014 consultations, the Ministry also consulted with Alberta and British
Columbia, as required under the terms of the New West Partnership Trade Agreement. Both
jurisdictions support a differentiation of nomenclature for theological and non-theological
(secular) degrees, and some important considerations emerged from the feedback they
provided.
For example:
• Alberta does not allow the use of the “Bachelor of Arts” title for “degrees in divinity”
(the term used in Alberta to refer to theological degrees); rather, degrees in divinity
offered by faith-based institutions in Alberta are commonly titled “Bachelor of ….”.
• “Bachelor of Arts in Religious Studies” (and variations) is nomenclature that is
commonly used by public secular universities across Canada for programs that involve
the study of religion(s) in a broader context.
To further explore nomenclature issues, the Ministry surveyed the nomenclature used by
both theological and secular institutions across Canada. Findings revealed inconsistencies
and overlaps that illustrate a lack of differentiation in the nomenclature of theological and
non-theological degrees at the pan-Canadian level.
Collectively, six Saskatchewan private theological colleges offer a total of 14 “Bachelor of
Arts” degrees with various specializations. Theological colleges in the province have used
the “Bachelor of Arts” title for many years and the Ministry does not wish to impose a
higher level of regulation on the sector than has been government’s practice. However, in
the interests of supporting nomenclature differentiation within Saskatchewan, the Ministry
proposes that the use of “Bachelor of Arts in Religious Studies” and “Bachelor of Arts in
Religion” and (and variations of these titles, as noted below) not be used for theological
degrees, since such nomenclature is commonly used for secular degrees, including degrees
offered by the University of Saskatchewan and the University of Regina.
The proposed amendments to the nomenclature requirements are as follows:
Section 31 of the Regulations to be revised to read as follows:
Theological Degrees
31(1) Subject to subsections (3) and (4), any undergraduate theological degree to be
granted in Saskatchewan may be named “Bachelor of (descriptor)” or “Bachelor of Arts in
(descriptor)” or “Associate of Arts in (descriptor)”, provided the descriptor clearly denotes
the theological nature of the undergraduate degree.
(2) Examples of acceptable nomenclature for the purposes of subsection (1) are set out in
Table 3.
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Proposed Amendments to The Degree Authorization Regulations
(3) The name of a theological degree need not include words of a theological nature if the
resulting name is listed in Table 3.
(4) A theological degree shall not be given a name that is set out in Table 4.
As amended, subsection 31(1) makes it
explicit that in addition to the “Bachelor
of” title, both “Bachelor of Arts” and
“Associate of Arts” titles are acceptable
for use, provided the descriptor supports
differentiation. Acceptable descriptors
will include words such as “biblical”,
“sacred”, “pastoral” and “Ministry”,
words that denote the theological nature
of the degree. For example, the degree
name “Bachelor of Arts in Music” would
not be considered acceptable for a
theological degree; whereas “Bachelor
of Arts in Sacred Music” would meet the
nomenclature requirement.
What is an “associate” degree?
An associate degree is an
undergraduate academic degree that
typically involves two years of study and
the completion of 60 to 66 credits. It is often
considered equivalent to the first two years of a
four year degree.
Associate degrees are common throughout
the United States. In Canada, they are
offered in British Columbia and in
Saskatchewan by Briercrest.
Subsection 31(3) has been added to allow for nomenclature that does not include words of a
theological nature but is nevertheless in common use within the broader theological sector.
Table 3 lists three degree names that will be considered acceptable pursuant to subsection
31(3): Associate of Arts in Intercultural Studies; Bachelor of Arts in Intercultural Studies;
and Bachelor of Bi-Vocational Studies. Apart from these three degree names, if a theological
college wishes to use other nomenclature that does not include words of a theological
nature, Table 3 will have to be amended, through the regulatory amendment process, to
accommodate the use of such nomenclature.
Subsection 31(4) has been added to restrict nomenclature that does not support
differentiation.
May 2015
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Consultation Document
Table 3 to be revised to read as follows:
Table 3
Examples of Acceptable Nomenclature for Undergraduate Theological Degrees
Associate of Arts in Biblical Studies
Associate of Arts in Intercultural Studies
Bachelor of Biblical Studies
Bachelor of Christian Ministry
Bachelor of Pentecostal Studies
Bachelor of Arts in Biblical Studies
Bachelor of Arts in Christian Leadership
Bachelor of Arts in Christian Ministry
Bachelor of Arts in Christian Studies
Bachelor of Arts in Pastoral Ministries
Bachelor of Arts in Strategic Ministries
Bachelor of Arts in Worship Arts
Bachelor of Arts in Intercultural Studies
Bachelor of Bi-Vocational Studies
Table 3 lists examples of acceptable nomenclature. The names “Associate of Arts in
Intercultural Studies”, “Bachelor of Arts in Intercultural Studies”, and “Bachelor of BiVocational Studies” have been added to the list, consistent with subsection 31(3).
A new Table 4 to be added as follows:
Table 4
Nomenclature that Cannot be Used for Undergraduate Theological Degrees
Bachelor of Arts in Religious Studies
Bachelor of Arts in Religious Studies (and any other subject(s))
Bachelor of Arts in Religion
Bachelor of Arts in Religion (and any other subject(s))
To further support differentiation, Table 4 lists nomenclature that cannot be used for
undergraduate theological degrees in Saskatchewan, since these degree titles are used by
many post-secondary institutions in Canada to denote secular degrees, as illustrated by the
following examples:
Bachelor of Arts in Religious Studies
• University of Regina
• University of Alberta
• University of Victoria
• McMaster University
• McGill University
• Queen’s University
• Cape Breton University
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Proposed Amendments to The Degree Authorization Regulations
• York University
• University of British Columbia
Bachelor of Arts in Religion
• University of Toronto
• Concordia University
• Brandon University
• Carleton University
• University of Manitoba
Bachelor of Arts in Religion and Culture
• University of Saskatchewan
Bachelor of Arts in Philosophy and Religion
• University of Alberta
Bachelor of Arts in Religion, Literature and the Arts
• University of British Columbia
May 2015
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Consultation Document
Table 1 Exemptions pursuant to subsection 4(3) of the Act
Table 1 currently reads as follows:
Table 1
[Section 3]
Exemptions pursuant to subsection 4(3) of the Act
Educational Institution
Athabasca University
Program
Tutoring arrangements in Saskatchewan
Great Plains College, in partnership with
Cape Breton University
Master of Business Administration program
provided on the Warman campus
Lakeland College
All programs
Briercrest College and Seminary
Bachelor of Arts in Global Studies
It is proposed that Table 1 be revised to read as follows (changes are italicized):
Table 1
[Section 3]
Exemptions pursuant to subsection 4(3) of the Act
Educational Institution
Athabasca University
Program
Tutoring arrangements in Saskatchewan
Cape Breton University, in partnership with
Great Plains College
Master of Business Administration program
provided on the Warman campus
Briercrest College and Seminary
Associate of Arts Humanities
Associate of Arts Music
Bachelor of Arts Music
Associate of Arts Social Sciences
Bachelor of Arts Applied Linguistics
Bachelor of Arts Business Administration
Bachelor of Arts General Studies
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Proposed Amendments to The Degree Authorization Regulations
Note that:
a) Lakeland College has been removed from Table 1 (see page 4 of this document).
b) The order in which Great Plains College and Cape Breton University are listed has been
reversed. Cape Breton University is the degree-granting institution and is therefore the
institution that is grandfathered.
c) Briercrest’s “Bachelor of Arts in Global Studies” program has been removed from the
list. Briercrest has changed the name of this degree to “Bachelor of Arts in Intercultural
Studies”. The new nomenclature is considered acceptable as per the proposed new 31(3)
and revised Table 3 (see page 8 of this document).
d) Seven other Briercrest degrees have been added to Table 1, since the nomenclature of the
degrees does not comply with the requirements of Table 3 for undergraduate theological
degrees. These degrees were inadvertently overlooked when the Regulations were
originally written.
May 2015
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Proposed Amendments to
The Degree Authorization Regulations
May 2015
saskatchewan.ca