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This is an unofficial archived version.
This version was current from April 19, 2014 to August 31, 2011.

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C.C.S.M. c. U60

The University of Manitoba Act

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

Definitions

1           In this Act,

"academic staff" includes professors, associate professors, assistant professors, lecturers, instructors, and such others as may be so designated by the board; (« personnel enseignant »)

"alumni association" means The Alumni Association of The University of Manitoba; (« alumni association »)

"board" and "board of governors" mean The Board of Governors of The University of Manitoba; (« Conseil » et "Conseil des gouverneurs")

"chancellor" means the Chancellor of The University of Manitoba; (« chancelier »)

"comptroller" means the Comptroller of The University of Manitoba; (« contrôleur »)

"council" means The University and Community Council continued under this Act; (« Conseil universitaire »)

"faculty council" means the bodies created by the senate under that name; (« conseil de faculté »)

"president" means the President of The University of Manitoba; (« président »)

"registrar" means the Registrar of The University of Manitoba; (« registraire »)

"school council" means the bodies created by the senate under that name; (« conseil d'école »)

"senate" means The Senate of The University of Manitoba; (« Sénat »)

"university" means The University of Manitoba. (« Université »)

Continuation

2           The members of the board of governors and the members of the senate, and all persons who may hereafter become members of the board of governors or of the senate, are continued as a body corporate under the name: "The University of Manitoba".

Educational powers

3           The university may

(a) establish and maintain such colleges, schools, institutes, faculties, departments, chairs, and courses of instruction as to the board of governors may seem meet and give instruction and training in all branches of knowledge and learning, including physical instruction and training;

(b) grant degrees, including honorary degrees, diplomas and certificates of proficiency;

(c) provide facilities for the prosecution of original research in every branch of knowledge and learning and conduct and carry on such research work; and

(d) generally promote and carry on the work of a university in all its branches.

Power with respect to property

4           In addition to the powers, rights, and privileges, conferred upon and vested in corporations by The Interpretation Act, the university may

(a) acquire, take, accept, and receive by grant, purchase, lease, gift, devise, bequest, or otherwise howsoever, any and all property, both real and personal, of every nature and kind whatsoever, as the board may deem advisable for the purposes of the university, and for such uses and purposes possess, hold, use and enjoy it;

(b) sell, exchange, lease, mortgage, hypothecate, pledge, or otherwise deal with or dispose of, all or any of its real or personal property and any right, title, or interest, it may have in, to, or out of it, and make and execute all instruments and documents and do all acts, matters, or things, requisite or necessary to carry the same into effect;

(c) subject to the limitations imposed by any trust, invest money belonging to the university, or held by it in trust, in any kind of property, whether real, personal or mixed, exercising the judgment and care that a person of prudence, discretion and intelligence would exercise in administering the property of others;

(d) repealed, S.M. 1999, c. 19, s. 2;

(e) acquire, take, and hold, all property, both real and personal, that is bona fide mortgaged, hypothecated, or pledged, to it by way of security, or conveyed to it in satisfaction of debts previously contracted, or purchased at judicial sales upon levy for the indebtedness, or otherwise purchased or acquired for the purpose of avoiding or reducing a loss to the university in respect thereof or of the owner thereof;

(f) erect and construct all such buildings as the board may deem necessary or convenient for the purposes of the university, lay out grounds for any university purposes, maintain and keep in proper order and condition, and alter, repair, renovate, and improve, all such grounds and all university buildings, with their appurtenances, and expend the money required for any of those purposes, and for the furnishings and equipment of university buildings;

(g) borrow all sums of money that may, in any year, be required to meet the ordinary expenditures of the university until the revenues for the then current fiscal year are available, and, with the approval of the Lieutenant Governor in Council, borrow money for any other purpose;

(h) draw, make, accept, endorse, execute, and issue promissory notes, bills of exchange, bills of lading, warrants, and other negotiable or transferable instruments;

(i) enter into any arrangement with any persons or authorities, public, private, governmental, municipal, local, or otherwise, that the board may deem conducive to the attainment of the purposes and objects of the university, or any of them, and obtain from any such person or authority any rights, privileges, and concessions, that the board may think it desirable to obtain, and carry out, exercise and comply with, any such arrangements, rights, privileges, and concessions;

(j) with the approval of the Lieutenant Governor in Council, enter into any arrangement with any governmental authority in Canada with respect to affording assistance to any college or university outside Canada by means of supplying academic staff, supervising staff, or otherwise, subject only to the arrangement providing for indemnification by such authority of any financial outlay made by the university pursuant to such arrangement;

(k) purchase or otherwise acquire any invention or any interest therein, or any rights in respect thereof, or any secret or other information as to any invention, and apply for, purchase or otherwise acquire, any patents, interests in patents, licences, and the like, conferring any exclusive or non-exclusive or limited right to make or use or sell any invention or inventions, and use, exercise, develop, dispose of, assign, or grant licences in respect of, or otherwise turn to account, the property rights or information so acquired, and generally possess, exercise and enjoy, all the rights, powers, and privileges, that the owner of an invention or any rights in respect thereof, or the owner of a patent of invention or of any rights thereunder, may possess, exercise, and enjoy;

(l) apply for, purchase, or otherwise acquire, any trade mark or trade names and the like or any interest therein, and use, dispose of, assign, or otherwise turn to account, the trade mark, trade names, and interests, so acquired, and generally possess, exercise, and enjoy, all the rights, powers, and privileges, that the owner of a trade mark or trade name or the like may possess, exercise and enjoy;

(m) apply for, purchase, or otherwise acquire, any copyright or like right or any interest therein or right thereunder and use, exercise, develop, dispose of, assign, or grant licences in respect of, or otherwise turn to account, any copyright or like right or any interest or right so acquired, and generally possess, exercise, and enjoy, all the rights, powers and privileges, that the owner of a copyright or like right or of any interest therein or right thereunder may possess, exercise, and enjoy;

(n) affiliate with the university any college established in the province for the promotion of arts or science, or for instruction in law, medicine, engineering, agriculture, or in any other useful branch of learning, and dissolve any such affiliation;

(o) enter into agreements with any incorporated society or association in the province for the establishment and maintenance of a joint system of instruction;

(p) enter into agreements with any incorporated society or association in the province that has power to prescribe examinations for admission to, or registration upon the roll of, the society or association, conduct the examinations, report the results thereof, prescribe courses of study therefor, and conduct classes of instruction in connection therewith;

(q) enter into agreements with any incorporated university or college whether or not affiliated with the university for the instruction of students registered in the said incorporated university or college in courses in the university or the college or both by one or more faculties of the university jointly or otherwise with the incorporated university or college, the conduct of examination by the university in such courses as may be agreed upon, the degrees to be granted by the university to such students, representation of the incorporated university or college on the senate of the university and other academic bodies of the university, the use and combining of the facilities of the university and of the incorporated university or college, and such other matters as may be of mutual concern to the incorporated university or college and the university;

(r) pay money, directly or indirectly, as contributions towards pensions, annuities, retiring allowances, and gratuities, for employees of the university, upon such terms and conditions as the board may from time to time prescribe;

(s) select and make use of a coat of arms and crest for the university;

(t) do all such other things as the board may think incidental or conducive to the attainment of the purposes and objects and the exercise of the powers of the university.

S.M. 1995, c. 33, s. 21; S.M. 1999, c. 19, s. 2.

Investment fund established

5(1)        For the purpose of the investment thereof, the board of governors may, by by-law or resolution, transfer to one common fund, which shall be known as: "The University Investment Trust Fund", (hereinafter referred to as "the investment fund"), all or part of the moneys and securities belonging to, or held by, the university in trust, and that from time to time stand, in the books of the university, to the credit of any separate trust funds (hereinafter called "the participating funds").

Investment and allocation of revenue

5(2)        The university may invest the uninvested moneys from time to time in the investment fund as provided in section 4; and all the revenue earned by the investment fund shall be divided among the participating funds, respectively, so that the amount credited to each participating fund is the same proportion of the total revenue so divided that the amount of that participating fund included in the investment fund is of the whole of the investment fund, based on the daily balances of the participating funds and of the investment fund.

Disposal of profits and losses

5(3)        All profits made and losses suffered by reason of the purchase or sale of securities in which any part of the investment fund is invested shall be divided among the participating funds, respectively, and credited or charged, as the case may be, in the same proportions that the revenue from investments is credited under subsection (2).

Times for allocation of revenue, profits and losses

5(4)        Revenue from investments and profits or losses shall be credited or charged as provided in subsections (2) and (3) at the end of each fiscal year and at such other times as may be determined by the board of governors.

Funds not to be merged

5(5)        The participating funds shall not, by reason only of the transfer authorized by subsection (1), be deemed to be merged for any purposes other than those set out in this section.

Withdrawal of funds from investment fund

5(6)        The board may, as moneys are available, at any time transfer from the investment fund to a participating fund an amount not exceeding the balance to the credit of that participating fund in the investment fund at that time.

Determination of market value

6(1)        The university, in determining the market value of investments held by it, may rely on published market quotations.

6(2) to (4) Repealed, S.M. 1999, c. 19, s. 3.

S.M. 1999, c. 19, s. 3.

BOARD OF GOVERNORS

Board

7           The Board of Governors of The University of Manitoba is continued as the governing body of the university.

Membership of board

8           The board of governors shall be composed of 23 members as follows:

(a) 12 members appointed by the Lieutenant Governor in Council, of whom three must be students of the university;

(b) Three members elected by the graduates of the university from among the graduates of the university;

(c) three members elected by the senate from among the member of the senate;

(c.1) three students of the university appointed by The University of Manitoba Students' Union;

(d) The president;

(e) The chancellor.

S.M. 1996, c. 52, s. 2.

Qualifications of members

9           No person who is a member of the board is eligible to be elected to the board by the senate under clause 8(c).

Disqualification

10(1)       A member of the board who becomes incapable of acting as a member, or who is absent from three consecutive meetings of the board without just cause, ceases to be a member of the board; and a declaration of existence of the vacancy entered upon the minutes of the board is conclusive proof thereof.

Termination of membership of person elected by council or senate

10(2)       A member of the board who has been elected by the senate, on ceasing to be a member of the senate, and the passing of a resolution by the senate that it does not wish the member to continue as a member of the board, ceases to be a member of the board; and a notification of the passing of the resolution by the senate to the secretary of the board is conclusive proof that the member of the board has ceased to be a member of the senate and of the passing of the resolution.

Term of office

11(1)       Subject to section 10, the term of office for which a member of the board shall be appointed or elected, other than to fill an unexpired term of a member of the board who has ceased to be a member, is the number of years commencing on June 1 of the year of appointment or election hereinafter stated:

(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;

(a.1) the term of each student member, whether appointed by the Lieutenant Governor in Council or The University of Manitoba Students' Union, is one year;

(b) the term of the member elected annually by the graduates of the university is three years;

(c) the term of each member elected by the senate is three years and the term of one of the members expires annually on May 31 in each year.

Continuation of term

11(2)       A member of the board whose term of office has expired by effluxion of time on May 31 in any year continues as such until his successor has been appointed or elected and is eligible for re-appointment or re-election.

Limitation on terms

11(3)       A member of the board, other than the chancellor and the president, who has been appointed or elected as a member of the board for three successive three year terms is not eligible to be appointed or elected a member of the board until three years have elapsed from the end of the last of such three successive three year terms.

S.M. 1996, c. 52, s. 3; S.M. 1999, c. 19, s. 4.

Nominations by alumni association

12(1)       The alumni association shall each year nominate two or more candidates for election as a member of the board by the graduates of the university to succeed the elected member whose term is about to expire, and two or more candidates for election as a member of the board to fill any vacancy in the board to be filled by election by the graduates.

Other nominations by graduates

12(2)       Nominations for members of the board may also be made by any 25 graduates of the university who sign a nomination paper for the purpose.

Nominations forwarded to registrar

12(3)       All nominations shall be submitted to the registrar in such form, and within such time, as may be fixed by the regulations of the board; and the registrar shall take the necessary steps to take a vote of the graduates thereon in accordance with the regulations.

Default of nomination

12(4)       In default of any nomination by the alumni association or by the graduates as aforesaid within the time fixed by the regulations of the board, the board may fill the vacancy by appointment, or may take such steps as it may deem expedient to procure nominations to be made and may hold a special election to fill the vacancy.

Vacancy of appointed member

13(1)       Where a vacancy in the office of a member appointed by the Lieutenant Governor in Council occurs from any cause, the vacancy shall be filled by the appointment by the Lieutenant Governor in Council of a successor who shall hold office for the remainder of the term of the person in whose place he is appointed.

Filling vacancies

13(2)       Where a vacancy in the office of an elected member occurs from any cause, the vacancy may, in the case of an elected member be filled by the body possessing the power of election, by appointment; and the person so appointed shall hold office for the remainder of the term of the person in whose place he is appointed; but, in the case of members elected under clause 8(b), the appointment shall be made by the Board of Directors of the alumni association.

Minimum membership of board

14          Notwithstanding any vacancies in the board, it, the board is legally constituted for all purposes so long as not fewer than 10 members of the board remain in office.

Chairman and vice-chairman

15(1)       The board shall elect one of its members to be chairman and another to be vice-chairman.

Duties of vice-chairman

15(2)       In case of the absence or disability of the chairman, or of there being a vacancy in the office of chairman, the vice-chairman possesses all the powers and shall perform all the duties pertaining to the office of chairman.

Evidence of absence of chairman

15(3)       An entry in the minutes of the board recording the absence or disability of the chairman, or the existence of a vacancy in the office of chairman, is conclusive proof of the fact so recorded.

POWERS OF BOARD

Powers of board

16(1)       The board may exercise in the name of, and on behalf of, the university, and as the act and deed of the university, any or all of the powers, authorities and privileges, by this Act or any other Act conferred on the university as a body corporate; and, without in any manner limiting its full power and authority, the board may

(a) provide for the regulation and conduct of its meetings and proceedings, including the fixing of the quorum necessary for the transaction of business;

(b) subject to subsection (2), appoint the president, such vice-presidents as the board may deem advisable, the deans of all the faculties, the librarian, the comptroller, the registrar, the members of the academic staff, and all such officers, clerks, employees and servants, as the board may deem necessary, and fix their salaries or remuneration, and confer upon them such powers, and assign to them such duties, as the board may deem expedient, and fix their tenure of office or employment;

(c) fix and determine all fees and charges to be paid to the university;

(d) exercise disciplinary jurisdiction over the students of the university, with power to fine, suspend or expel;

(e) determine upon and provide for the establishment of, or the abolition of, or any changes in faculties, departments, chairs, lectureships, bursaries, scholarships, fellowships and prizes;

(f) make regulations fixing the time within which nominations of candidates for election as members of the board under clause 8(b) shall be submitted to the registrar, the method of nomination and voting, the time for holding the election, the manner of counting the votes and the qualifications of the electors, and make all such other regulations governing the nominations and elections as it may deem necessary or proper;

(g) appoint such committees as it may deem necessary and confer upon any of the committees power and authority to act for the board in and in relation to such matters as the board may deem expedient; and

(h) hear appeals from any decision of any officer, body or organization, of or in the university, by any person affected thereby, and decide finally upon all matters of university policy;

(i) make regulations respecting and prohibiting the parking or leaving of vehicles on property under the control of the university, including, but not limited to, regulations respecting the following:

(i) the places where, the times when and the conditions under which persons are authorized to park or are prohibited from parking or leaving vehicles,

(ii) the placement of parking control signs, markings and meters prohibiting or governing the parking or leaving of vehicles,

(iii) the fees and charges to be paid by owners or operators of vehicles parked on property under the control of the university, including fees and charges for vehicles parked or left in contravention of the regulations, and

(iv) the removal and impoundment of vehicles parked or left in contravention of the regulations.

Dismissal of academic staff

16(2)       No member of the academic staff shall be dismissed except in accordance with the by-laws, rules and regulations of the board; and no amendment made to such by-laws, rules and regulations, that adversely affects the tenure of a member of the academic staff, takes effect until the academic year following that in which the amendment was made, or until the end of the staff member's special appointment term, whichever is the later.

S.M. 1999, c. 19, s. 5.

Plenary power without recommendation

17          Where the power is given to the senate, or to any other body or person, to make recommendations to the board in relation to any matter, the board may, of its own motion and without any recommendation, exercise its plenary powers in relation to the matter.

Board to determine powers and duties of officers

18          Where any question arises as to the powers or duties of convocation, the senate, the council, the chancellor, the president, or of any other officer or servant of the university or of any body therein, it shall be settled and determined by the board.

By-laws or resolutions of board

19          The action of the board in any matter with which it may deal shall be by resolution or by by-law, as the board may determine; but it is not essential to the validity of any resolution or by-law that it be under the corporate seal of the university if it is authenticated in the manner prescribed by the board.

Execution of documents

20          All transfers, deeds, mortgages and other instruments and documents to which the university is a party shall be deemed to be properly executed by the university if the corporate seal is affixed thereto, attested by the signatures of the chairman or vice-chairman of the board, and of the comptroller, or by the signatures of such other persons as the board may by resolution or by by-law appoint for that purpose.

Audit of accounts

21          The Auditor General shall audit the accounts of the university at least once a year, and make a written report thereon to the board and to the Lieutenant Governor in Council.

S.M. 1996, c. 38, s. 29; S.M. 2001, c. 39, s. 31.

Annual report

22(1)       Within six months after the end of each fiscal year, the board shall prepare and submit to the Minister of Advanced Education and Literacy an annual report of the operations of the university during that fiscal year, and the report must include audited financial statements and any other information that the minister may request.

Tabling report

22(2)       The minister shall lay the report of the university before the Legislative Assembly if it is in session, and if it is not, the minister shall without delay make the report public and, within 15 days after the beginning of the next session, lay a copy of the report before the Legislative Assembly.

S.M. 1996, c. 38, s. 29; S.M. 2001, c. 43, s. 65; S.M. 2004, c. 42, s. 87; S.M. 2008, c. 42, s. 91.

Members to receive no remuneration

23          No member of the board of governors shall as such receive any salary or emolument; but the board may authorize the payment of actual expenses of the members of the board while attending meetings or while engaged in work for the university.

Removal of members of board

24          The Lieutenant Governor in Council may, for cause, remove from office any appointed member of the board and, upon the recommendation of the board, any elected member thereof.

THE SENATE

Senate continued

25          The Senate of The University of Manitoba is continued as the academic body of the university.

Membership of senate

26(1)       The senate shall be composed of

(a) the president;

(b) the chancellor;

(c) the vice-presidents of the university;

(d) the dean of each faculty of the university;

(e) the director of each school of the university having a school council;

(f) the Director of Extension of the university or, if none, the officer exercising comparable functions;

(g) the Director of Libraries of the university;

(h) the dean or director of student affairs of the university or, if none, the officer exercising comparable functions;

(i) the head of each constituent or member college;

(j) the vice deans of the Faculty of Arts and Science;

(k) two persons appointed by the board from amongst its members other than those who are otherwise members of the senate;

(l) 28 persons elected by, and from amongst, the students of the university in the method determined under clause 34(1)(cc), and, in addition, the president of The University of Manitoba Students' Union;

(m) two members of the board of directors of the alumni association appointed by that board;

(n) the persons elected under section 27;

(o) members-at-large appointed under subsection 27(4);

(p) the head of each affiliated college;

(q) the Deputy Minister of Advanced Education and Literacy, or his or her designate.

Presiding officer of senate

26(2)       The president, or, in his absence, a vice-president (academic) according to seniority of appointment as a vice-president (academic) or, in the absence of such a vice-president, the senior dean of the university present shall be the presiding officer at all meetings of the senate.

S.M. 2001, c. 43, s. 65; S.M. 2004, c. 42, s. 87; S.M. 2008, c. 42, s. 91.

Members from faculty councils, etc.

27(1)       Each faculty council and each school council shall annually elect such number of persons to be members of senate as the senate has determined the faculty council or school council is entitled to so elect.

Terms of elected members

27(2)       If a faculty council or school council is entitled to so elect as members of senate

(a) only one person, he shall be elected for a three-year term;

(b) two or more persons, such persons shall be respectively elected for such terms not exceeding three years as will result in their terms respectively expiring in successive years.

Termination of term of office

27(3)       A person elected as provided in this section ceases to be a member of senate upon his ceasing to be a full-time member of the faculty or school by whose council he was elected.

Continuation of representative to board

27(4)       A person elected as provided in this section, who has been elected by senate to the board and whose term of office on senate expires before his term of office on the board, shall be appointed by senate to be a member-at-large of senate for the remainder of his term on the board unless he is re-elected to the senate.

Term of office

28(1)       The term of office for which a member of the senate shall be appointed or elected under clauses 26(1)(k), (l) and (m) after the coming into force of this Act, other than to fill the unexpired term of a member of the senate who has ceased to be such, is subject to subsection (2) and to section 29, the number of years commencing on June 1 of the year of appointment or election hereinafter stated:

(a) the term of each member appointed by the board shall not exceed three years and not more than one term shall expire in any year;

(b) the term of each member elected by the students of the university under clause 26(1)(l) shall be as determined by the senate under clause 34(1)(cc);

(c) the term of each member appointed by the board of directors of the alumni association shall not exceed three years and not more than one term shall expire in any year.

Continuation of term

28(2)       A member of the senate whose term of office has expired on May 31 in any year shall continue as such until his successor has been appointed or elected and shall be eligible for re-appointment or re-election.

Notification of name of member

28(3)       The body possessing the power of appointment or election of a member of senate shall forthwith after the appointment or the election by it of a member of the senate give notice thereof in writing to the secretary of the senate; and no appointed or elected members of the senate has the right to sit or act as a member of the senate unless his appointment or election is so certified in writing to the secretary of the senate.

Removal of member

29          Any appointed or elected member of the senate may be removed from office at any time by the body that appointed or elected him.

Vacancies

30(1)       Where an appointed or an elected member of the senate resigns, ceases to be a member of senate or becomes incapable of acting, his seat becomes vacant; and a declaration of the existence of the vacancy entered upon the minutes of the senate is conclusive evidence thereof.

Where student ceases to attend university

30(2)       A student elected to senate under subsection 26(1) who ceases to be a student of the university ceases to be a member of the senate.

Filling of vacancies

31(1)       Where a vacancy in the senate occurs from any cause, the vacancy shall, in the case of an appointed or an elected member, be filled by the body possessing the power of appointment or election; and the person so appointed or elected shall hold office for the remainder of the term of the person in whose place he is appointed or elected.

Vacancy in certain offices

31(2)       Where the vacancy in the senate is due to a vacancy in the office of the president, the chancellor, a dean, or a director, the board may appoint a substitute to act as a member of the senate until the vacancy is filled.

Minimum membership of senate

32          Notwithstanding any vacancies in the senate, the senate is legally constituted for all purposes so long as not fewer than 25 members of the senate remain in office.

Chancellor determines questions of membership

33          Where a question arises touching the election of an elected member of the senate or touching the right of any person to be, or sit or act as, a member of the senate, the question shall be determined by the chancellor or, at his option, by a committee consisting of the chancellor and such others as he may appoint.

Powers of senate

34(1)       The senate has general charge of all matters of an academic character; and, without restricting the generality of the foregoing, the senate shall

(a) provide for the regulation and conduct of its meetings and proceedings, including the fixing of the quorum necessary for the transaction of business;

(b) determine the degrees, including honorary degrees, diplomas and certificates of proficiency, to be granted by the university, and the persons to whom they shall be granted;

(c) determine the conditions of matriculation and entrance, the standing to be allowed students entering the university, and all matters relating thereto;

(d) establish faculty councils, school councils, and other bodies within the university, prescribe how they shall be constituted, and, confer upon them such powers, and assign to them such duties as the senate may deem expedient;

(e) receive, consider and determine on any proposal or recommendation of any faculty council or school council or other body established by the senate as to courses of study and matters relating thereto;

(f) of its own motion and without any recommendation, but subject to subsection (2), consider and determine all courses of study and all matters relating thereto;

(g) regulate instruction and determine the methods and limits of instruction;

(h) determine the conditions on which candidates shall be received for examinations, appoint examiners, and determine the conduct and results of all examinations;

(i) provide for courses of study in any place or places in the province and encourage and develop extension activities and correspondence courses;

(j) have power to recognize courses of study that are given in any college or institution in the province not affiliated with the university and admit students who have taken such courses of study to examinations of the university;

(k) prepare the calendars of the university for publication;

(l) recommend to the board the establishment of, or the abolition of, or any changes in faculties, constituent colleges, schools, institutes, departments, chairs, lectureships, bursaries, scholarships, fellowships and prizes;

(m) recommend to the board the affiliation or association with the university of any college established in the province for the promotion of any branch of learning and the dissolution of any such affiliation or association or of any existing affiliation or association;

(n) recommend to the board agreements with any incorporated society or association in the province for the establishment and maintenance of a joint system of instruction;

(o) recommend to the board agreements with any incorporated society or association in the province that has power to prescribe examinations for admission to, or registration upon the roll of, the society or association, for the purpose of conducting the examinations, reporting the results thereof, and providing for courses of study in connection therewith;

(p) determine the dates for the beginning and ending of lectures in the university and the beginning and ending of each university term;

(q) make rules and regulations for the management and conduct of the libraries;

(r) make rules and regulations respecting academic awards;

(s) make recommendations to the board with respect to academic planning, campus planning, a building program, budget policies, procedures in respect of appointments, promotions, salaries, tenure and dismissals, and any other matters considered by the senate to be of interest to the university;

(t) determine procedures and policy in respect of lecturing and teaching on the university premises by persons other than members of the staff of the university;

(u) exercise any power of a faculty or school council that the senate considers desirable to exercise;

(v) hear and determine appeals from the decisions of the faculty or school councils, upon applications, requests or petitions by students or others;

(w) elect from amongst its members three persons to be members of the board;

(x) appoint such committees, in addition to an executive committee, as it deems necessary and confer upon any of the committees power and authority to act for the senate in and in relation to such matters as the senate deems expedient, and appoint such other committees as the senate deems expedient to act in an advisory capacity;

(y) elect an executive committee, which shall include

(i) the president, who shall be chairman of the committee;

(ii) the member of the senate designated by the president to be vice-chairman of the committee;

(iii) three members of senate from among the vice-presidents of the university, the deans of faculties and directors of schools;

(iv) a member of the board who has been appointed to be a member of the senate;

(v) a member elected by the students to be a member of senate;

(vi) eight other members of the senate from those elected under section 27;

(z) by by-law, determine the total number of persons to be elected as members of senate by the faculty councils and school councils, the total number of whom shall not be less than twice the number of persons mentioned in clauses 26(1)(c) to (j), (p) and (q);

(aa) by by-law, establish a formula for the determination of the number of members of senate, each faculty council, each school council, and each faculty council and school council joined for the purposes of the election, is entitled to elect, and in accordance with that formula determine the number of members of senate each faculty council, each school council, and each faculty council and school council joined for the purposes of the election, is entitled to elect;

(bb) by by-law, determine when the elections to which reference is made in clause (aa) are to occur and, if desired, the manner in which nominations shall be made and the elections conducted;

(cc) by by-law, determine the method of election of students elected to the senate under clause 26(1)(l);

(dd) determine the eligibility of any person for election as a member of senate by a faculty council or a school council or a faculty council and school council joined for the purpose of the election;

(ee) consider all matters referred to it by a faculty council and communicate an opinion or action taken thereon to the faculty council;

(ff) appoint from among its members persons to be members of a joint committee of the senate and council.

Limitation of cl. (1)(f)

34(2)       Before enacting, under clause (1)(f), any regulation providing for a new course of study or any change in an existing course of study or matters relating thereto, the senate shall refer to the appropriate faculty council or school council the proposed regulation for consideration and report thereon.

Recommendation for agreements

34(3)       The senate may recommend that the university enter into an agreement with an incorporated university or college under clause 4(q), and the terms of the agreement.

Recommendations to board

34(4)       Every recommendation of the senate to the board shall be sent to the board.

S.M. 1996, c. 52, s. 4.

Associated colleges

35          An incorporated college with which the university enters into an agreement under clause 4(q) may be designated an associated college by the board.

THE UNIVERSITY AND COMMUNITY COUNCIL

Council continued

36(1)       The University and Community Council is continued.

Duty of council

36(2)       The council shall foster mutual understanding between the university and the general public.

Powers of council

36(3)       The council may

(a) establish joint committees with the senate to consider matters of mutual concern;

(b) establish committees to deal with matters such as publicity and public relations;

(c) request from the appropriate university officers reports on any aspect of university affairs;

(d) make special studies of and suggestions regarding matters of common concern to the university and the general public, and report or make recommendations thereon, or both, to the appropriate university body.

Membership of council

37          The council shall consist of

(a) the chancellor, who shall be chairman;

(b) the president;

(c) the Deputy Minister of Advanced Education and Literacy, or his or her designate;

(d) the vice-presidents of the university;

(e) the Director of Extension of the university;

(f) the president and vice-president of the alumni association;

(g) two members to be appointed by and from amongst the deans of the faculties and the directors of the schools;

(h) all members of the board appointed or elected under clauses 8(a), (b) and (c);

(i) three members of the senate appointed by it from among persons elected to senate under section 27;

(j) three graduates of the university appointed by the board of directors of the alumni association;

(k) five members of the general public appointed by the Lieutenant Governor in Council;

(l) two members appointed by and from amongst the students of the university who are members of The University of Manitoba Students' Union;

(m) the head of each associated college or his designate;

(n) not more than 50 persons having an interest in the university and appointed by a vote of those members of the council referred to in clauses (a) to (m) present at a meeting of the council.

S.M. 2001, c. 43, s. 65; S.M. 2004, c. 42, s. 87; S.M. 2008, c. 42, s. 91.

Terms of members

38(1)       The term of office for which a member of the council shall be appointed, other than a member who is a member of the board, or a member appointed to fill an unexpired term of a member of the council who has ceased to be such, is the number of years commencing June 1 of the year of appointment or election as hereinafter stated:

(a) the term of each member appointed under clause 37(g) shall not exceed three years, and not more than one term expires by effluxion of time in any year;

(b) the term of each of the members appointed by senate shall not exceed three years, and shall be such as will ensure that at least one term expires by effluxion of time in each year;

(c) the term of each member appointed under clause 37(j) shall not exceed three years, and not more than one term expires by effluxion of time in any year;

(d) the term of each member appointed by the Lieutenant Governor in Council shall be for a term not exceeding three years and shall be such that the terms of approximately 1/3 of the members so appointed shall expire by effluxion of time each year;

(e) the terms of members appointed by the council shall not exceed three years and shall be such that the terms of approximately 1/3 of the members so appointed shall expire by effluxion of time each year;

(f) the term of each member appointed under clause 37(n) shall not exceed three years and not more than one term shall expire by effluxion of time in any year.

Continuation of term

38(2)       A member of the council whose term of office has expired on May 31 in any year continues as such until his successor has been appointed and, subject to subsection (3), is eligible for re-appointment.

Successive terms

38(3)       No person who has been appointed a member of the council for two successive three-year terms is eligible to be appointed a member of the council until three years have elapsed from the end of his two successive three-year terms.

Expenses of members

39          No members of the council shall, as such, receive any salary or emolument for acting as such, but the council may authorize the payment of actual expenses of the members of the council while attending meetings of the council or while engaged in work requested by the council.

Annual estimates

40(1)       Each year the council shall prepare an estimate of its expenses which shall provide for the appointment of such staff, and the incurring of such expenditures as are necessary to carry out the duties and responsibilities of the council, and shall submit the estimate to the board for approval.

Payment of expenses

40(2)       The comptroller is authorized to pay expenses incurred by the council that are within the budget of the council as approved by the board.

CONVOCATION

Membership

41          Convocation shall consist of the president, the chancellor, the members of the board of governors, the members of the senate, and all the graduates of the university.

Powers of convocation

42          A meeting of convocation shall be held for the purpose of conferring degrees, including honorary degrees, and awarding of diplomas and certificates of proficiency granted by the university.

Meetings of convocation

43          A meeting of convocation shall be held whenever the senate shall by resolution fix a date for the holding of such meeting.

Presiding officer at convocation

44          The president, or, in his absence, a vice-president (academic) according to seniority of appointment as a vice-president (academic) or, in the absence of such a vice-president, the senior dean of the university present shall be the presiding officer at all meetings of convocation.

Proceedings

45          A true copy of the proceedings of every meeting of convocation shall be sent without unnecessary delay to the board and to the senate.

COMMITTEE OF ELECTION

Committee continued

46          The Committee of Election is continued.

Membership of committee

47          The Committee of Election shall be composed of

(a) the members of the board; and

(b) the members of the senate.

Presiding officer

48(1)       The chairman of the board shall be the presiding officer at all meetings of The Committee of Election.

Secretary

48(2)       The secretary of the senate shall be the secretary of The Committee of Election.

Meetings of committee

49          The Committee of Election shall meet at such times and places and on such notice as may be fixed by it by regulations in that behalf, and also when convened by the chairman of the board.

Duty of committee

50          The sole duty of The Committee of Election shall be to elect a chancellor of the university.

THE CHANCELLOR AND VICE-CHANCELLOR

Duties of chancellor

51          The chancellor shall be the titular head of the university and, in addition to all other duties to be performed by him, shall confer all degrees.

Term of office

52          The term of office of the chancellor is three years, commencing June 1 of the year in which he is elected; and he shall hold office until his successor is elected and is eligible for re-election.

Vacancy in office

53          Where a vacancy in the office of chancellor occurs from any cause, the vacancy shall be filled by The Committee of Election; and the successor so elected shall hold office for the remainder of the term of his predecessor.

Disqualification

54          No person who is a member of the academic or administrative staff of any university or of any college or of the governing body of any university other than The University of Manitoba or of any college is eligible to be chancellor.

Vice-chancellor

55          The president is the vice-chancellor of the university; and, in case of the absence or disability of the chancellor, or of there being a vacancy in the office of chancellor, the vice-chancellor possesses all the powers and shall perform all the duties pertaining to the office of chancellor.

AFFILIATED COLLEGES

Designation of affiliated colleges

56(1)       The following colleges are declared, subject to this Act, to be colleges affiliated with the university:

(a) Le Collège universitaire de Saint-Boniface;

(b) St. John's College;

(c) St. Paul's College.

Dissolution of affiliation

56(2)        The board may, of its own motion, dissolve the affiliation of any of the colleges for the breach of any provisions of section 58; and, with the approval of the Lieutenant Governor in Council and the consent of any of the colleges, may dissolve the affiliation of the consenting college for any other reason.

S.M. 2005, c. 13, s. 18.

Powers of affiliated colleges continued

57          Nothing in this Act takes away any power of any college affiliated with the university on August 1, 1936, to conduct courses of study that do not lead to any certificate, diploma, or degree, of the university; but every affiliated college shall conduct every course of study leading to any certificate, diploma, or degree, of the university in compliance with the requirements of the senate.

Outside affiliation of colleges prohibited

58(1)       No affiliated college shall enter into any understanding, agreement, federation or affiliation, whole or partial, with any college or university other than The University of Manitoba, whereby it may obtain in any such college or university for its students any credit in any course leading to a certificate, diploma, or degree, except in theology or divinity, granted by that college or university.

Le Collège universitaire de Saint-Boniface

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

S.M. 2005, c. 13, s. 18.

Internal management

59          Nothing in this Act interferes with the management by an affiliated college of its purely internal affairs, or the purely internal discipline of its students.

No restriction on religious matters

60          Nothing in this Act interferes with the right of an affiliated college to make such provision in regard to religious instruction and religious worship for its own students as it deems proper, and to require it to be observed as a part of its own discipline.

GENERAL PROVISIONS

Fiscal year

61          The fiscal year of the university shall be the period commencing April 1 in one year and ending March 31 in the next year.

Mandatory retirement: definitions

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 »)

Mandatory retirement under a collective agreement

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.

Mandatory retirement for excluded employees

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.

Application of Human Rights Code

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.

S.M. 1996, c. 52, s. 5.

62          Repealed.

S.M. 2002, c. 24, s. 52.

Use of university coat of arms or crest

63(1)       Without the authority of the board, no person shall assume or use the coat of arms or crest of the university, or any design in imitation of it or calculated to deceive by its resemblance to the coat of arms or crest of the university.

Use of "Manitoba" in institutions of learning

63(2)       Without the authority of the board, no person shall make use of the word "Manitoba" as any part of the name of a university, school, college, seminary, or other institution of learning.

Penalty

63(3)       Any person who contravenes this section is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100., in addition to being liable in a civil action instituted against him.

S.M. 1998, c. 49, s. 20; S.M. 1998, c. 51, s. 11; S.M. 2004, c. 16, s. 47; S.M. 2005, c. 13, s. 18; S.M. 2006, c. 33, s. 7.

Examinations in English or French

64          The examination for any degree to be conferred by the university may be answered by the candidate in either the English or French language.

Limitation of liability of members of board

65(1)       No member of the board is personally liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by that member of the board in the execution of his office or pursuant to, or in the exercise or supposed exercise of, the powers given to the board or to any member thereof.

Expropriation prohibited

65(2)       No expropriation proceedings in respect of any real property vested in the university shall be taken by any person other than the Crown.

Limitation of liability of university

65(3)       No action or proceedings shall be brought against the university in respect of any act or omission of a member of the board unless the act or omission would, apart from this section, have given rise to a cause of action against that member of the board.

University or board not liable for acts of students

66          Neither the university nor the board nor the senate, nor any member of the board or senate, nor any officer or servant of the university, is liable by reason of any act or omission of them, of any of them, in respect of any activity of students or on account of any act or omission of any student or students, while not under the direction of the university or any officer or servant thereof.

67          

Repealed.

S.M. 1989-90, c. 24, s. 95.

Transfer of personal property by L. G. in C.

68          Notwithstanding anything to the contrary in any other Act, the Lieutenant Governor in Council may assign and set over to, and vest in, the university all the right, title, interest, property, claim or demand, of Her Majesty the Queen in right of the Province of Manitoba in any or all personal property heretofore purchased out of the public funds of the government for, or made use of by, the university and The Agricultural College of Manitoba, or either of them, or heretofore owned by The Agricultural College of Manitoba.

Corporations Act not to apply

69          The Corporations Act does not apply to the university.

Provisions of Act to prevail

70          In the event of any conflict between this Act and the Act of incorporation of any college affiliated with the university or any other Act conferring or purporting to confer any rights, powers or privileges, on any affiliated college, this Act prevails.

 

 
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