Summary#
Bill 38, the Advanced Education Statutes Amendment Act, 2026, would amend Alberta’s Post-secondary Learning Act and Professional Governance Act, and make a related change to the Ombudsman Act. Its stated goal includes supporting diverse viewpoints and free, open inquiry at post-secondary institutions; that is a goal, not a guaranteed result.
- Public post-secondary boards would have to create, implement and maintain student codes of conduct covering academic misconduct, non-academic misconduct, and sexual and gender-based violence. The Minister could require consultation and review a code, direct changes, or require more consultation.
- Boards would also have to make policies on institutional neutrality and freedom of expression, unless the Minister exempts them in whole or in part. Regulations would set further requirements. The Minister could review the policies and direct changes or consultation.
- University general faculties councils would have to exercise their student-affairs powers in line with the applicable student code of conduct.
- From 2027–28, the Minister could set maximum tuition fees by order for approved programs and apprenticeship classroom instruction. If maximums are set, public institutions other than Banff Centre could not charge domestic students more than those maximums.
- The bill would change rules for professional regulators, including allowing registration to be cancelled without a disciplinary process if an error led to the registration, and setting out powers to correct or remove inaccurate or incomplete register information. It would also change how professional technologists and related cases are handled by Alberta’s engineering and geoscience regulator.
What it means for you#
- Students and post-secondary staff: Their institution would have to maintain a student code and policies addressing expression and institutional neutrality. The bill does not itself set out detailed procedures for complaints, discipline, or resolving expression disputes; regulations may add requirements.
- Domestic students: Tuition increases would remain subject to the bill’s stated rules through 2026–27. From 2027–28, the Minister could set maximum fees; the bill does not require the Minister to set them.
- Professional registrants and applicants: A regulator could cancel registration if the registrant asks, or if an error led to registration or its continuation. The regulator must notify the former registrant within 30 days. A former registrant could appeal certain error-based cancellations. The bill also permits a Minister to make regulations allowing some people who are not citizens, are not permitted to work in Canada, or are permitted to study in Canada to register. Registration would not follow automatically: regulations and other requirements would matter.
- Professional technologists: Certain current registrants would be deemed registered with the Association of Professional Engineers and Geoscientists of Alberta. Some unresolved applications, complaints and appeals would transfer to that regulator, while some hearings already underway would continue under the former law.
- General public: The bill changes the structure and membership rules for professional-regulator committees and tribunals, including removing the provisions for joint committees and joint tribunals. It does not create a new regulator.
Money#
No cost information is in the available material.
- The bill gives no estimate for the cost of boards’ required codes and policies, Ministerial reviews, or related staffing.
- It sets no new tax, fee, fine, or appropriation. Any effect of tuition maximums on student payments or institutional revenue is unknown; the Minister may set maximums, but is not required to do so.
What is unclear#
- What requirements regulations will set for student codes, neutrality policies, expression policies, and tuition maximums.
- How complaints, investigations, discipline, appeals, timelines and oversight under the new institutional policies will work.
- Whether or when the Minister will set tuition maximums, and what those maximums would be.
- What costs boards and regulators would face, and how they would fund the new or changed work.
- The full current wording of the amended Acts was not supplied, so the available excerpts do not allow a complete check of every change against current law. The text says the Post-secondary Learning Act amendments come into force on proclamation; the supplied material does not establish when the other changes would start. The bill is not shown as enacted.
Case for#
- A province-wide minimum for student conduct codes could make sure institutions address academic and non-academic misconduct, including sexual and gender-based violence.
- Requiring policies on neutrality and expression could make institutions explain how they will handle these issues, while leaving room for institution-specific policies under regulations.
- Giving the Minister power to set tuition maximums could allow province-wide limits for covered programs if the Minister chooses to use that power.
- Clearer rules for correcting registers and cancelling registrations made in error could help regulators keep registration records accurate.
Case against#
- Ministerial review and direction powers could limit how much control institutions have over their own policies; the bill does not spell out a review process, deadlines, or an appeal.
- Key rules are left to future regulations, so institutions and students cannot tell from the bill alone what the policies must require.
- Tuition maximums are discretionary and depend on future orders and regulations. The bill does not guarantee a cap or state its amount.
- Cancelling registration because of an error could affect a registrant’s ability to practise. The bill gives notice and appeal rights in some cases, but does not set out a detailed process for investigating or correcting the error.