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MOUNT
ALLISON UNIVERSITY ACT,
1993
WHEREAS Mount Allison University prays that it be enacted as hereinafter set fourth;
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 In this Act, unless the context otherwise requires,
“Board” or “Board of Regents” means the governing board of the University as hereinafter constituted;
“Chancellor” means the Chancellor of the University;
“Chair” means Chair of the Board;
“Executive Committee” means the Executive Committee of the Board;
“Federated Alumni” means the Mount Allison Federated Alumni incorporated by Chapter 58, George VI, 1937, and its successors for the time being;
“President” means the President of the University;
“property” means and includes all real and personal property of every nature and kind and any estate or interest therein;
“Regent” or “Regents” means a member or members of the Board;
“Senate” means the Senate of the University;
“the University” or “the Corporation” means Mount Allison University;
“By-law” or “by-laws” means a by-law or by-laws passed by the Board;
“Vice-President” or “Vice-Presidents” means a Vice-President or Vice-Presidents of the University;
“Students’ Union” means the Mount Allison Students’ Union incorporated by Chapter 60, 29 Elizabeth II, 1980, and its successors for the time being;
“Faculty of the University” or “Faculty” means the group of persons holding academic rank at the University;“members of the Faculty on full-time appointment” means members fo the Faculty whose appointments have been designated by the University as full-time;
“full-time student” means a student in full-time attendance (as from time to time defined by the University calendar) at the University;
“Vice-Chair” means the Vice-Chair of the Board;
“Standing Committee” means a committee the establishment of which by the Board as a standing committee is provided for in the by-laws.
2(1) The Corporation originally incorporated by Chapter 57 of 21 Victoria, 1858, is hereby continued as a body corporate and politic under the name and style “Mount Allison University” and the said Corporation, subject to the provisions of this Act, has, holds, possesses and enjoys all the rights, privileges and immunities of every nature or kind whatsoever which are vested in, and is subject to all the obligations and liabilities imposed upon, the said Mount Allison University as at the commencement of this Act.
2(2) All appointments by the said Corporation in force at the commencement of this Act shall continue and the appointees shall have the same powers and authority as heretofore until rescinded or amended by the Board or by-law or otherwise.
3(1) All property which at the commencement of this Act was vested in Mount Allison University or any of its predecessors or was held by any person in trust for or for the benefit of Mount Allison University or any predecessor shall, subject to any trust or condition affecting the same, be vested in the University and all contracts or other engagements made in the name of Mount Allison University or any such predecessor and in force at the effective date of this Act shall be binding upon the University.
3(2) All graduates of the Mount Allison Wesleyan College, the University of Mount Allison College or of Mount Allison University shall be deemed to be graduates of the University as herein constituted and entitled to all the rights and privileges of the same.
4 The University has the power and authority
(a) to promote the advancement of education and learning in any or all their branches;
(b) to establish and maintain such faculties, schools, institutes, departments, chairs and purses as may be desirable;
(c) to grant or to authorize the granting of degrees, honorary degrees, certificates and diplomas;(d) to procure or promote the affiliation with the University of any other college or other educational institution;
(e) to receive, purchase, acquire, build upon, hold, possess, enjoy and maintain any property for the use or benefit of the University, without limitation as to the period of holding, and to sell, convey, mortgage, lease or otherwise dispose of any such property;(f) to take security by way of mortgage or otherwise for any moneys from time to time owing to the University including interest thereon;
(g) to accept, receive, hold and possess any and all contributions, gifts or benefactions whatsoever, whether of capital or of income, and to use and enjoy the same for the purposes and for the benefit of the University subject to any trust or condition affecting the same;
(h) to invest and reinvest any funds of the University not otherwise required for its immediate purposes, subject to any trust or condition affecting the same;
(i) subject to the express provisions of this Act, to exercise all or any of the incidental and ancillary powers conferred upon companies by the Companies Act of the Province of New Brunswick as from time to time in force,
(j) to do all things reasonably incidental to the carrying out of the foregoing powers, rights, privileges and objects.
5 The University shall have a corporate seal and good and valid conveyances or leases of any lands or interests therein my be made by the University under its corporate seal attested by the signatures of such officers or other persons as the Board by by-law or otherwise may designate.
6 The University, if authorized by by-law or resolution of the Board, may
(a) borrow money on its credit in such amount, on such terms and from such persons, firms or corporations, including chartered banks, as may be determined or approved by the Board;
(b) make, draw and endorse promissory notes or bills of exchange;
(c) mortgage, hypothecate, pledge or charge any part or all of the property of the University to secure any money borrowed or the fulfillment of the obligations incurred by the University under any promissory note or bill of exchange signed, made, drawn or endorsed by it;(d) issue bonds, debentures and obligations on such terms and conditions as the Board may decide or approve, and pledge or sell such bonds, debentures and obligations for such sums and at such prices as the Board may decide or approve, and mortgage, hypothecate, pledge or charge all or any part of the property of the University to secure any such bonds, debentures and obligations.
7 Notwithstanding anything contained in any other Act:
(a) no property at any time vested in the University or leased to and occupied by the University shall be liable to taxation for provincial, municipal, school or other purposes so long as such property is actually used and occupied for the philanthropic, religious or educational purposes of the University but nothing in this section shall exempt from taxation any property for which the University receives any rent or any lessee or other occupant (other than the University or and departments or branch thereof) of any such property who or which but for this section would or might be liable for any such tax;
(b) no property vested in the University and no property leased to and occupied by the University shall be liable to be expropriated, entered upon, or taken by right of eminent domain or other forcible taking so long as the same is actually used and occupied for the purposes of the University and no power of expropriation hereafter conferred by statute or otherwise upon any person or corporation shall extend to any such property unless in the Act conferring the power it is made in express terms to apply thereto;
(c) no restrictions upon accumulation shall apply with respect to or shall in any way limit devices or bequests, whether of capital or income, to the University or to any department or branch thereof, subject always to the express terms of any such devise or bequest.
8(1) The management and control of the business and affairs of the University shall be vested in a Board of Regents consisting of such number of persons as shall from time to time be elected or appointed as Regents as herein provided.
8(2) The Regents for the time in office as such shall constitute the Corporation.
9 The Regents for the time in office as such shall be composed of the following:
(a) the Chancellor;
(b) the President;
(c) two Regents appointed by the General Council of the United Church of Canada (on at each biennial session thereof);
(d) two Regents elected or appointed by the Members of the Faculty on full-time appointment (one every two years);
(e) two Regents elected from the full-time students by the Students’ Union;
(f) four Regents elected or appointed by the Federated Alumni (one each year); and
(g) twelve Regents appointed by the Board.
10(1) All elected or appointed Regents shall, subject as herein provided, hold office for a term not exceeding four years but any Regent shall be eligible for election or appointment for one further term not exceeding four years provided that no Regent shall be eligible to hold office as such for a continuous term or terms of more that eight years except where specific exemption has been made by the Board or Regents. After an interval of at least one calendar year any such person shall be eligible for election or appointment for a further term or terms, subject to the same limitations on length of continuous service as provided for the original term or terms.
10(2) In the case of Regents elected or appointed by the General Council of the United Church of Canada, or by the Federated Alumni, or by the Faculty, or bye the Board, they shall hold office for four years from the first day of January next following the dates of their election or appointment. In the case of Regents selected by the Students’ Union, they shall hold office for one year from the first day of June next following their election and shall be eligible for re-election.
10(3) Each Regent elected by the Faculty of the University, or by the Students’ Union, shall be eligible to be a Regent only so long as he or she continues to be a member of the Faculty of the University on full-time appointment or a full-time student of the University, as the case may be.
10(4) Notwithstanding the foregoing, except for those Regents designated in accordance with subsection (5) or appointed in accordance with subsection (6), the term of office of each Regent in office at the effective date of this Act shall cease on the twenty-eighth day of February, 1994, but each person whose term is so ended is eligible to be immediately re-elected or re-appointed without any waiting period or interval being imposed, but shall thereafter be subject to the same limitations on length of continuous service as are provided for in subsection (1).
10(5) On or before the thirty-first day of January, 1994, each of the General Council of the United Church of Canada, the Federated Alumni, the Members of the Faculty on full-time appointment and the Students’ Union respectively shall designate by notice in writing delivered to the Secretary of the Board of Regents the names and expiry dates of the terms of office of the Regents appointed or elected by them respectively who are serving as a Regent at the effective date of this Act and are to continue in office after the twenty-eighth day of February, 1994. The expiry date of the term of each Regent designated in this subsection (5) by the General Council of the United Church of Canada, by the Federated Alumni or by the Members of the Faculty on full-time appointment shall expire on th thirty-first day of December in the year in which such expiry is to take place. The expiry date of each Regent designated by the Students’ Union shall be the thirtieth day of June, 1994. If and to the extent that any of the General Council of the United Church of Canada, the Federated Alumni, the Members of the Faculty on full-time appointment and the Students’ Union respectively shall fail to so notify the Secretary of the Board of Regents as required by this subsection, the Executive Committee, on or before the twenty-eighth day of February, 1994, shall make the designation by resolution.
10(6) On or before the thirty-first day of January, 1994, the Executive Committee shall appoint twelve persons to be Regents for terms commencing on the first day of March, 1994, three for a term of ten months, three for a term of one year and then months, three for a term of two years and ten months and three for a term of three years and ten months.
10(7) A vacancy on the Board shall occur if a Regent
(a) dies;
(b) resigns from the Board;
(c) is convicted of an indictable offense;
(d) becomes bankrupt;
(e) by reason of his mental or physical health he is unable to further properly carry out his duties as a Regent; or
(f) in the case of Regents elected or appointed by the Faculty or by the Students’ Union, ceases to be a member of the Faculty on full-time appointment or a full-time student of the University, as the case may be.
10(8) In the case of any vacancy occurring in the office of a Regent, such vacancy may be filled by the electing or appointing body concerned.
10(9) An appointee to a vacancy on the Board shall hold office until the expiration of the term for which the original appointee was appointed.
10(10) If the Board so decides, the Executive Committee may fill any vacancies which under the provisions of subsection (8) could be filled by the Board.
10(11) Notwithstanding any vacancy or vacancies from time to time existing in the membership of the Board, the continuing Regents, provided that they constitute a quorum as prescribed by the by-laws, may exercise all or any of the powers of the Board.
11(1) The Board may appoint a Chancellor of the University who shall, subject to the terms of his appointment or the will of the Board, hold office for the term four years from the date of his appointment but he may, however, be reappointed for one further term not exceeding four years.
11(2) The Chancellor shall be the titular head of the University.
11(3) The Chancellor, or at his request the President, or in the case of a vacancy in the office of the Chancellor, the President, shall confer all degrees or shall designate a person to confer all degrees.
11(4) The Chancellor shall have such other powers and duties as may be delegated to him by the Board.
12(1) The Board shall appoint one of its members who has been elected or appointed as provided in paragraphs 9(c), (f) or (g) as Chair fo the Board.
12(2) Subject to the terms of his appointment, and subject to his continuing to be a member of the Board, the term of the office of the Chair shall be for four years from the date of appointment but the Chair may, however, be re-appointed as Chair of the Board for a further term not exceeding four years. The term of office of Chair of the Board shall supersede the provisions of subsection 10(1) governing the total term of service without interruption.
12(3) The Chair shall preside at meetings fo the Board.
12(4) In the absence of the Chair from any meeting, the Vice-Chair shall preside; in the absence of the Chair and Vice-Chair, the Board shall appoint one of its members to preside at that meeting.
12(5) The Board shall appoint one of its members who has been elected or appointed as provided in paragraphs 9(c), (f) or (g) as Vice-Chair of the Board.
12(6) Subject to the terms of this appointment, and subject to his continuing to be a member of the Board, the term of office for the Vice-Chair shall be for four years from the date of appointment but he Vice-Chair may, however, be re-appointed as Vice-Chair of the Board for a further term not exceeding four years. The term of office of Vice-Chair of the Board shall supersede the provisions of subsection 10(1) governing the total term of service without interruption.
12(7) The Vice-Chair, subject to the direction of the Board, shall perform all or any of the functions or duties of the Chair in the event of the absence of disability of, or any vacancy in the office of, the Chair.
13(1) There shall be a President of the University who shall be the chief executive officer of the University.
13(2) The President shall be appointed by the Board and, unless otherwise provided by the terms of his appointment, shall hold office during the pleasure of the Board.
13(3) Subject to the direction of the Board, acting directly or through the Executive Committee, the President shall have supervision over and the direction of the academic work and general administration of the University and its teaching staff, officers and servants, and the students of the University, and shall have such powers and duties as from time to time may be delegated to him by the Board or by the Executive Committee.
13(4) The President shall be the Vice-Chancellor of the University and as such may perform, subject to the direction of the Board, all or any of the functions or duties of the Chancellor in the event of the absence or disability of, or any vacancy in the office of, the Chancellor.
14(1) The Board may appoint one or more Vice-Presidents of the University, on recommendation of the President.
14(2) In the absence of specific directions by the Board of Regents or the Executive Committee, the Vice-President (Academic) or if this position be vacant or the Vice-President (Academic) be unavailable, one of the Deans or such other person as may be designated by the President as his deputy, shall act in the absence of the President.
14(3) The Vice-President or Vice-Presidents, as the case may be, shall have such other powers and duties as may be delegated to him or them by the President, or by the Board or its Executive Committee on the recommendation of the President.
15 The Board shall also appoint and prescribe the duties and terms of office of a Secretary of the Board and Treasurer of the University, neither of whom need be a member of the Board, and such other officers of officials as it may see fit.
16(1) There shall be an Executive Committee consisting of the following:
(a) The Chancellor;
(b) The President;
(c) The Chair of the Board of Regents;
(d) The Vice-Chair of the Board of Regents;
(e) One of the Regents, appointed by the Board of Regents; and
(f) The chair of each of the Standing Committees (other than the Audit Committee).
16(2) Unless the Executive Committee otherwise decides by resolution, the Chair of the Board of Regents shall preside at meetings of the Executive Committee; in the absence of the Chair from any meeting, the Vice-Chair shall preside; in the absence of both the Chair and Vice-Chair, the Executive Committee shall appoint one if its members to preside at that meeting.
16(3) Notwithstanding the foregoing, the members of the Executive Committee who continue to be Regents after the twenty-eighth day of February, 1994, shall constitute the Executive Committee until the close of the first meeting of the Board of Regents after March 1, 1994.
16(4) In the absence of specific directions by the Board, the Executive Committee in the intervals between meetings of the Board may exercise all or any of the powers, functions and duties of the Board in relation to the management and control of the business and affairs of the University and may appoint committees, the members of which need not be members of the Board or of the Executive Committee, to exercise and perform such powers, functions and duties as the Executive Committee may prescribe. All Committees so appointed shall report to the Executive Committee, or as the Executive Committee may direct.
16(5) The Executive Committee shall not, however, have the power to enact by-laws, which power shall rest with the full Board as provided in section 18 of this Act.
16(6) The provisions of subsections 10(7) and 10(11) shall apply, mutatis mutandis, with respect to vacancies from time to time existing in the membership of the Executive Committee.
16(7) There shall be such Standing Committees as are from time to time provided for in the by-laws.
16(8) Except in the case of the Nominating Committee, of which the Chancellor shall be the chair, the Board shall appoint a Regent as the chairman of each Standing Committee.
17(1) There shall be a Senate of the University consisting of such number of persons as the Board by by-law may determine or approve, subject to the provisions of subsection (2).
17(2) The President and Vice-President (Academic) shall be members fo the Senate and shall be Chairman and Vice-Chairman respectively; the Chairman or in his absence the Vice-Chairman shall preside at all meetings of the Senate and in the absence of both the Chairman and Vice-Chairman from any meeting, the Chairman or Vice-Chairman shall name a Chairman for that meeting.
17(3) A majority of the members of the Senate shall be members of the teaching staff of the University.
17(4) There shall be representation on the Senate from administrative officers, members of the Board of Regents, various levels of professional rank and from the students of the University.
17(5) The Senate shall have the following functions, powers and duties:
(a) to determine the requisites for admission and the courses of study for graduates and undergraduates;
(b) to examine the qualifications of all candidates for degrees and authorize the conferring of degrees on properly qualified persons;
(c) to regulate in general all other matters relating to academic departments of the University, subject always to the powers delegated to the President by subsection 13(3);
(d) to make recommendations to the Board on any matter of interest to the University; and
(e) to exercise such other functions, powers and duties as may from time to time be conferred upon it by the Board.
18 The Board may from time to time enact and from time to time amend or repeal by-laws, not contrary to any of the provisions of this Act, providing for or regulating:
(a) the time and place for the holding of regular and special meetings of the Board, the calling of and the quorum required for such meetings and the procedure in all things such as meetings;
(b) the execution of promissory notes, bills of exchange, bonds, debentures, conveyances, leases, contracts and other documents and instruments on behalf of the University, whether under the corporate seal of the University or otherwise;
(c) the constitution, appointment, powers, functions and duties of the Executive Committee and of the Senate and other Committees, if any;
(d) the appointment, functions, duties, remuneration and removal of all officers, officials, agents, employees and servants of the University;
(e) the conduct in all other particulars of the affairs of the University not otherwise specifically provided for in this Act.
19 Nothing in section 18 shall prevent the Board from exercising otherwise than by by-law an of the powers conferred upon it by this Act.
20 The following Acts are hereby repealed: Chapter 84, 12 Elizabeth II, 1963 as amended by Chapter 86, 22 Elizabeth II, 1973 ad further amended by Supplementary Letters Patent dated November 28, 1980 as further amended by Supplementary Letters Patent dated December 13, 1991; and also all acts or parts relating to the Trustees or Governors, the Board of Regents, the Senate of Mount Allison University, Executive Officers of the Administration, their appointment, constitution, rights, powers and duties or to the University or its operation or administration so far as these may be inconsistent with this Act; provided that such repeal shall not in any way invalidate any act, matter or thing done, or any liabilities incurred under the authority of any repealed act or section.
21 Sections 3 and 4 of this Act come into force
on March 1, 1994.