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S.M. 1996, c. 52
THE UNIVERSITY OF MANITOBA AMENDMENT ACT
(Assented to November 19, 1996)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The University of Manitoba Act is amended by this Act.
2 Section 8 is amended
(a) by repealing clause (a) and substituting the following:
(a) 12 members appointed by the Lieutenant Governor in Council, of whom three must be students of the university;
(b) by repealing clause (c) and substituting the following:
(c) three members elected by the senate from among the member of the senate;
3 Clause 11(1)(a) is repealed and the following is substituted:
(a) the term of each member appointed by the Lieutenant Governor in Council, other than a student member, is three years and the term of each of three of the members so appointed expires annually on May 31 in each year;
4 Clause 34(1)(w) is amended by striking out "six persons" and substituting "three persons".
5 The following is added after section 61:
61.1(1) In this section,
"managerial staff" means persons who perform executive, management or senior administrative functions, and includes deans, associate deans, heads of administrative units, administrative assistants, and other persons performing similar functions who are designated as managerial staff by the board; (« personnel de gestion »)
"professional staff" means persons who are members of a profession that is regulated by an Act of the Legislature. (« personnel professionnel »)
61.1(2) The university and a union or bargaining agent representing the academic, managerial or professional staff of the university may enter into a collective agreement that imposes or has the effect of imposing a mandatory retirement age of 65 years or over on that staff.
61.1(3) The board may, by by-law, impose a mandatory retirement age of 65 years or over on the academic, managerial or professional staff of the university who are not covered by a collective agreement if
(a) the university has entered into a collective agreement or agreements with academic staff that imposes or has the effect of imposing a mandatory retirement age of 65 years or over; and
(b) the mandatory retirement age specified in the by-law is the same as the age specified in a collective agreement.
61.1(4) When a collective agreement is entered into or a by-law is made under this section,
(a) the requirement to retire at the age specified in the collective agreement or the by-law is deemed to be a bona fide and reasonable employment and occupational requirement for the purpose of section 14 of The Human Rights Code (discrimination in employment); and
(b) section 12 of the Code (reasonable accommodation) is deemed to be complied with.
6 This Act comes into force on the day it receives royal assent.