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Third Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 18

LE COLLÈGE DE SAINT-BONIFACE INCORPORATION AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

R.S.M. 1990, c. 36, amended

1            Le Collège de Saint-Boniface Incorporation Act is amended by this Act.

2           The title is replaced with "LE COLLÈGE UNIVERSITAIRE DE SAINT-BONIFACE ACT".

3           Section 1 is amended by striking out "Le Collège de Saint-Boniface" and substituting "Le Collège universitaire de Saint-Boniface, consisting of the members of the board appointed in accordance with section 6.1,".

4           The following is added after section 1:

Purposes

1.1         As a college affiliated with The University of Manitoba, the corporation's purposes are to serve the educational needs and further the linguistic, cultural, economic and social well-being of francophone communities in Manitoba and Canada by providing a broad range of educational opportunities in the French language.

5           Section 2 is replaced with the following:

Board

2           The governing body of the corporation is its board.

Appointment of board members

2.1(1)      The board is to consist of

(a) up to 12 members who are appointed in accordance with the corporation's by-laws; and

(b) up to three members who are appointed by the Lieutenant Governor in Council.

Francophone representation

2.1(2)      The Lieutenant Governor in Council must give due regard to the francophone nature of the corporation when appointing members under clause (1)(b).

Term of L.G. in C. appointees

2.1(3)      Each member appointed by the Lieutenant Governor in Council

(a) is to hold office for a term of three years, beginning on July 1 of the year the member is appointed and continuing until a successor is appointed; and

(b) is eligible to be appointed for a second term of three years, but not for a further term until at least three years after the end of his or her second term.

6           Section 3 is amended

(a) by replacing the section heading with "Powers – governance";

(b) by striking out "The members of the corporation shall have" and substituting "Subject to this Act, the board has"; and

(c) by striking out everything after "property of the corporation".

7           The following is added after section 3:

Powers — property

3.1         The corporation may acquire and hold real and personal property, and subject to section 4, may sell, alienate, exchange, lease, mortgage, or otherwise charge or dispose of it.

8           Section 4 is amended by striking out "the object of education" and substituting "its purposes".

9           Section 5 is amended by striking out "education" and substituting "the corporation's purposes".

10          Section 6 is replaced with the following:

Certificates, diplomas and degrees

6           The corporation may grant

(a) certificates and diplomas; and

(b) degrees in theology and divinity, including honorary degrees.

Definition:  "French language institution"

6.1(1)      In this section, "French language institution" means a Canadian college, university college or university that provides programs predominantly in the French language.

Agreements with French language institutions

6.1(2)      With the approval of the Council on Post-Secondary Education, the corporation may enter into an agreement with a French language institution to enable students of the corporation to obtain credit in a course or program offered by that institution leading to

(a) a certificate or diploma granted by the French language institution or by the corporation; or

(b) a degree granted by the French language institution.

Terms and conditions

6.1(3)      The Council on Post-Secondary Education may grant the approval for a limited period or may impose terms and conditions on the approval, and the corporation must comply with any terms and conditions that are imposed.

Auditor

6.2         The Auditor General, or any other auditor appointed by the Lieutenant Governor in Council, must audit the accounts of the corporation at least once a year and make a written report on the audit to the board and to the Lieutenant Governor in Council.

Corporations Act not to apply

6.3         The Corporations Act does not apply to the corporation.

11          Section 7 is repealed.

12          Section 8 is replaced with the following:

C.C.S.M. reference

8           This Act may be cited as Le Collège universitaire de Saint-Boniface Act and referred to as chapter C150.2 of the Continuing Consolidation of the Statutes of Manitoba.

Consequential amendment, C.C.S.M. c. F175

13          The definition "educational body" in section 1 of The Freedom of Information and Protection of Privacy Act is amended by adding the following after clause (c.2):

(c.3) Le Collège universitaire de Saint-Boniface,

Consequential amendments, C.C.S.M. c. M225

14          The Municipal Act is amended in the following provisions by striking out "Le Collège de Saint-Boniface" and substituting "Le Collège universitaire de Saint-Boniface":

(a) subclause (a)(ii) of the definition "institutional lands" in section 334; and

(b) clause 335(2)(a).

Consequential amendment, C.C.S.M. c. M226

15           Clause 22(1)(b.1) of The Municipal Assessment Act is amended by striking out " Le Collège de Saint-Boniface continued under Le Collège de Saint-Boniface Incorporation Act" and substituting "Le Collège universitaire de Saint-Boniface continued under Le Collège universitaire de Saint-Boniface Act".

Consequential amendment, C.C.S.M. c. P13

16          Schedule A of the English version of The Pay Equity Act is amended by striking out "Collège Universitaire de St. Boniface" and substituting "Collège universitaire de Saint-Boniface".

Consequential amendments, C.C.S.M. c. T20

17           The Teachers' Pensions Act is amended in the following provisions by striking out "Le Collège de Saint-Boniface" and substituting "Le Collège universitaire de Saint-Boniface":

(a) clause 3(h);

(b) subclause 63.2(2)(a)(iii);

(c) in clause (b) of the definition "qualifying teacher" in subsection 68(1).

Consequential amendments, C.C.S.M. c. U60

18(1)        The University of Manitoba Act is amended by this section.

18(2)       Clause 56(1)(a) is replaced with the following:

(a) Le Collège universitaire de Saint-Boniface;

18(3)       Section 58 is renumbered as subsection 58(1) and the following is added as subsection 58(2):

Le Collège universitaire de Saint-Boniface

58(2)       Subsection (1) is subject to section 6.1 of Le Collège universitaire de Saint-Boniface Act.

18(4)       Subsection 63(1) is amended by adding ", Le Collège universitaire de Saint-Boniface" after "Brandon University".

Coming into force

19          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill changes the name of the college to Le Collège universitaire de Saint-Boniface and states its purposes.  The provisions respecting the powers of the college in respect to property are modernized.

The Bill enables the Lieutenant Governor in Council to appoint members to the board.  It also enables the college to enter into agreements with other French language institutions in Canada, if the Council on Post-Secondary Education approves.

The accounts of the college must be audited at least once a year by the Auditor General or another auditor appointed by the Lieutenant Governor in Council.

Consequential amendments are made to six other Acts.