Centre for Skills and Post-Secondary Education POLICIES, LAWS, AND REGULATIONS Governing Post- Secondary Education and Skills in Canada. REPORT NOVEMBER 2014 For the exclusive use of Joseph Mior, [email protected], Fleming College. Policies, Laws, and Regulations: Governing Post-Secondary Education and Skills in Canada Alison Howard, Jessica Edge Preface This report analyzes the policies, laws, and regulations governing post- secondary education (PSE) and skills in Canada. It is one of three foundational studies by The Conference Board of Canada’s Centre for Skills and Post- Secondary Education. The report strives to understand and make sense of past efforts, including successes and failures, and to identify priority areas for action on policies, laws, and regulations reform that will lead to future, ongoing success in the skills and PSE environment. To cite this report: Howard, Alison and Jessica Edge. Policies, Laws, and Regulations: Governing Post-Secondary Education and Skills in Canada. Ottawa: The Conference Board of Canada, 2014. © 2014 The Conference Board of Canada* Published in Canada | All rights reserved | Agreement No. 40063028 | *Incorporated as AERIC Inc. ® The Conference Board of Canada and the torch logo are registered trademarks of The Conference Board, Inc. Forecasts and research often involve numerous assumptions and data sources, and are subject to inherent risks and uncertainties. This information is not intended as specific investment, accounting, legal, or tax advice. © The Conference Board of Canada. All rights reserved. Please contact cboc.ca/ip with questions or concerns about the use of this material. Acknowledgements This report has been prepared by The Conference Board of Canada, under the direction of Dr. Michael Bloom, Vice-President, Industry and Business Strategy, and Diana MacKay, Executive Director, Centre for Skills and Post-Secondary Education. The report was researched and written by Alison Howard, Principal Research Associate, and Dr. Jessica Edge, Research Associate. The authors would like to thank Carl Amrhein, Michael Bloom, Diana MacKay, and Doug Watt for their advice and guidance. The report was reviewed internally by Dr. Daniel Munro and Michael Grant. Thanks also go to the many supporters of the Centre for Skills and Post-Secondary Education for their comments. The report was prepared with financial support from the Centre for Skills and Post-Secondary Education, The Conference Board of Canada. Thanks are also due to the many stakeholders of the Centre’s work who read and commented on drafts of this report. Their helpful insights and feedback greatly contributed to this report. The findings and conclusions of this report are entirely those of The Conference Board of Canada. Any errors and omissions in fact or interpretation remain the sole responsibility of The Conference Board of Canada. For the exclusive use of Joseph Mior, [email protected], Fleming College. © The Conference Board of Canada. All rights reserved. Please contact cboc.ca/ip with questions or concerns about the use of this material. CONTENTS i EXECUTIVE SUMMARY Chapter 1 1 Introduction 3 Purpose and Objectives 4 Approach and Scope 7 Methodology Chapter 2 9 Policies, Laws, and Regulations of PSE in Canada: What Is Currently in Place? 10 Structure of PSE in Canada 18 Structures Shaping PSE Institutions in Canada 21 Canada’s Post-Secondary Education System—Four Models 35 Federal Level 39 Conclusion Chapter 3 40 Policy, Law, and Regulatory Solutions to PSE Challenges 42 PSE Institution Challenges and PLR Opportunities 49 Characteristics of an Optimal PLR System Chapter 4 51 Critical Issues: How Policies, Laws, and Regulations Support Skills Development, Labour Market Needs, and Research 52 Skills Development 56 Labour Market Needs 65 Support Research Chapter 5 76 Critical Issues: Policies, Laws, and Regulations and the PSE Experience 77 How PLRs Reduce Barriers to Student Access 91 How PLRs Facilitate Student Mobility 100 Conclusion Chapter 6 102 Critical Issues: Policies, Laws, and Regulations and PSE Quality Assurance 103 How PLRs Assure High-Quality Programming, Management, and Outcomes 111 Conclusion Chapter 7 112 Reforming Policies, Laws, and Regulations: Strategies for Success 113 Key Findings and Areas for Action Appendix A 118 Bibliography For the exclusive use of Joseph Mior, [email protected], Fleming College. © The Conference Board of Canada. All rights reserved. Please contact cboc.ca/ip with questions or concerns about the use of this material. EXECUTIVE SUMMARY Policies, Laws, and Regulations: Governing Post- Secondary Education and Skills in Canada At a Glance • This report provides a conceptual framework and analysis of Canada’s policy, legal, and regulatory environment for skills and post-secondary education. • We use an aspirational approach to reforming policies, laws, and regulations to envision an optimal PLR system, or set of systems, for post-secondary education (PSE) and the core characteristics of that system. • Areas for action for improving PLRs to support skills and PSE system objectives and to address current and emerging challenges to the systems are offered. Find this report and other Conference Board research at www.e-library.ca For the exclusive use of Joseph Mior, [email protected], Fleming College. P OLICIES, LAWS, and REGULATIONS G overning Post-Secondary Education and Skills in Canada. Canada has one of the most highly educated populations in the world. Over half of the Canadian population has completed tertiary- level education—a higher proportion than any other OECD country.1 This has been accomplished with fewer public funds than in many other countries. To remain competitive, however, Canada’s post-secondary education (PSE) system and skills production mechanisms must be designed and reviewed on an ongoing basis to ensure they are achieving optimal outcomes. The governance structures of the PSE system—the policies, laws, and regulations (PLRs)—were established to enable the system to achieve its objectives. This report explores the PLRs that affect, define, and govern Canada’s skills and post-secondary educational system and guide its operations. The performance of PLRs in supporting desirable skills and PSE system outcomes is a key factor in determining potential system-wide improvements and reforms. Structure of PSE in Canada In Canada, post-secondary education is the constitutional responsibility of the provinces and territories. The Canadian PSE system is best conceptualized as a patchwork of regional or provincial/territorial systems. The delivery of PSE in each province/territory has been shaped by historical circumstances, regional demographics, and the political priorities of their respective governments. Post-secondary education in Canada can be classified into four broad regional models—Eastern, Quebec, Western, and Northern. 1 OECD, Education at a Glance 2014: Canada, 1. Find this report and other Conference Board research at www.e-library.ca ii © The Conference Board of Canada. All rights reserved. Please contact cboc.ca/ip with questions or concerns about the use of this material. Executive Summary | The Conference Board of Canada The federal government has jurisdiction over a number of policy areas that intersect with PSE, such as economic development, Aboriginal affairs, and foreign affairs.2 It has influence and involvement in PSE activities primarily through providing funding to PSE systems. These financial arrangements include federal-provincial/territorial transfers and funding programs for student assistance and research and development. The public post-secondary system in Canada includes universities, university-colleges, institutes, polytechnics, and colleges. They offer various types of credentials to students who successfully complete prescribed programs. Optimal Characteristics of Policies, Laws, and Regulations An aspirational approach to reforming policies, laws, and regulations is to envision an optimal PLR system, or set of systems, for PSE and the core characteristics of that system. These characteristics would facilitate the successful achievement of PSE objectives as they relate to learning, skills development, innovation, and other valued outcomes. They would also assist PSE institutions to overcome key challenges. An optimal PLR system is one that simultaneously: 1. supports skills development; 2. responds to labour market needs; 3. encourages research; 4. reduces barriers to student access; 5. facilitates student mobility; 6. assures high-quality programming, management, and outcomes. 2 Shanahan and Jones, “Shifting Roles and Approaches,” 32. Find this report and other Conference Board research at www.e-library.ca iii For the exclusive use of Joseph Mior, [email protected], Fleming College. Policies, Laws, and REGulations Governing Post-Secondary Education and Skills in Canada. PLR Support of Skills Development, Labour Market Needs, and Research PSE institutions and the PSE system must satisfy a variety of stakeholders with different needs. Students expect to gain knowledge and skills that will help them advance to further education opportunities, find and keep good jobs, and fulfill their own personal need to learn. PSE PLRs that facilitate the development of hard/technical, as well as soft/employability, skills result in well-rounded, adaptable learners. Governments anticipate graduates who can successfully attach to the labour market and contribute to the economy and to their communities.