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C.C.S.M. c. U70
The University of Winnipeg Act
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(Assented to June 29, 1998)
WHEREAS Manitoba College was founded by the Presbyterian Church in 1871 and Wesley College was founded by the Methodist Church in 1888;
AND WHEREAS the United Church of Canada established United College in 1938 as a result of the union of Manitoba College and Wesley College, and United College was continued as The University of Winnipeg in 1967 under The Universities Establishment Act;
AND WHEREAS it is desirable to enact legislation to continue The University of Winnipeg under a separate Act of the Legislature;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"academic staff" means employees of the university designated as academic staff in the by-laws of the board; (« personnel enseignant »)
"alumni" means persons who
(a) have completed a program of study at Wesley College, Manitoba College, United College or The University of Winnipeg and have been granted a degree by The University of Manitoba, United College or The University of Winnipeg, or
(b) are honorary fellows or recipients of an honorary degree from United College or The University of Winnipeg; (« ancien »)
"board" means the Board of Regents of the university; (« conseil d'administration »)
"general council" means the General Council of the United Church of Canada; (« conseil général »)
"minister" means the minister responsible for The Advanced Education Administration Act; (« ministre »)
"senate" means the Senate of the university; (« Sénat »)
"student" means a person designated as a student of the university by resolution of the senate; (« étudiant »)
"support staff" means employees of the university who are not designated as academic staff; (« personnel de soutien »)
"university" means The University of Winnipeg. (« Université »)
CONTINUATION OF THE UNIVERSITY
2(1) The University of Winnipeg is continued as a corporation without share capital composed of the members of the board.
2(2) The Corporations Act does not apply to the university.
3 The purposes and objects of the university are
(a) to establish and maintain such colleges, faculties, schools, institutes, departments, chairs and courses of instruction as the board considers appropriate;
(b) to give instruction and training in all branches of learning;
(c) to grant degrees, including honorary degrees, diplomas and certificates of proficiency;
(d) to provide facilities for original research in every branch of learning, and to conduct or facilitate the conducting of such research;
(e) generally to promote and carry on the work of a university.
4 The university has the capacity, rights and powers of a natural person for carrying out its purposes and objects.
BOARD OF REGENTS
5(1) The Board of Regents is continued as the governing body of the university.
5(2) The board shall consist of the following members:
(a) the chancellor of the university;
(b) the president of the university;
(c) three alumni of the university appointed or elected by The University of Winnipeg Alumni Association;
(d) a senior academic administrator of the university appointed by the board;
(e) four members of the academic staff who are members of the senate and who are elected by the senate;
(f) 10 persons appointed by the general council, two of whom are students;
(g) 10 persons appointed by the Lieutenant Governor in Council, two of whom are students;
(h) the president of The University of Winnipeg Students' Association;
(i) three other students appointed or elected by The University of Winnipeg Students' Association;
(j) two members of the support staff who are elected by the support staff in a manner determined by the board by by-law.
5(3) The election or appointment of members under subsection (2), other than support staff members, shall take place in accordance with the procedures of the electing or appointing body. That body shall inform the university secretary of the results of an election or appointment at the time and in the form required by the board in its by-laws.
5(4) A member of the board, other than a student member, must be a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada).
6(1) Except as provided in this section, each member of the board is to hold office for three years, beginning on July 1 of the year the member is elected or appointed and continuing until a successor is appointed or elected.
6(1.1) A member of the board appointed by the Lieutenant Governor in Council, other than a student member, is to hold office for the term fixed in the order appointing the member, which may not exceed three years.
6(2) A student member of the board is to hold office for one year.
6(3) Ex officio members of the board referred to in clauses 5(2)(a), (b) and (h) are to hold office until they cease to hold the positions that qualify them for membership.
7 A member of the board whose term expires is eligible to be re-appointed or re-elected subject to the following rules:
A member may not hold office for more than six years in consecutive terms.
The board may permit a member to serve for more than the number of consecutive years specified in rule 1, but only if no more than 1/4 of the members of the board have served for more than the specified number of consecutive years at any one time.
Under rule 2, the board must not permit a member to serve more than three additional consecutive years.
Once a member has served the number of consecutive years specified in rule 1 or any additional years permitted by rule 2, the member may not be re-appointed or re-elected until at least three years have elapsed since the member last served.
These rules do not affect a student member of the board.
8(1) The board shall declare a vacancy on the board when
(a) a member dies or resigns;
(b) a member, other than an ex officio member referred to in clause 5(2)(a), (b) or (h), fails to attend three consecutive meetings without the board's permission, which may be given retroactively; or
(c) a membership is terminated under subsection (2) or (3).
8(2) If an elected or appointed member of the board becomes incapable of acting as a member, the board may so advise the body that elected or appointed the member, and that body may then terminate the membership and advise the board and the member that it has done so.
8(3) A body that has elected or appointed a member of the board may terminate the membership at any time by giving written notice to the member and to the board.
9(1) When an elected or appointed member's position on the board is vacant, the board shall inform the body that elected or appointed the member of the vacancy, and that body shall promptly elect or appoint a successor to hold office for the remainder of the term.
9(2) If the body does not elect or appoint a replacement within 90 days after the board gives it notice, the board may itself appoint a successor, except where the member was appointed by the Lieutenant Governor in Council.
9(3) The appointment of a successor to fill the remainder of another member's term shall not be considered a term of office for the purpose of rule 1 of section 7.
10 The members of the board shall not receive any remuneration for performing their duties as members, but the board may reimburse them for their reasonable expenses.
11(1) The board shall elect one of its members as the chair of the board and another member as vice-chair.
11(2) If the chair is absent or unable to act or if the office is vacant, the vice-chair has the powers and shall perform the duties of the chair.
12(1) The board has overall responsibility for the university, and may determine all matters of university policy except those specifically assigned to the senate by this Act.
12(2) Without limiting subsection (1), the board may
(a) appoint the president of the university and determine his or her term of office and remuneration;
(b) engage academic and other staff as required, determine their duties and conditions of employment, and set their salaries and honoraria;
(c) establish programs, services and facilities to further the university's purposes and objects, either by the university alone or in co-operation with others;
(d) exercise internal disciplinary jurisdiction over the non-academic conduct of students, including the power to expel or suspend for cause;
(e) establish rules and procedures for the conduct of its own proceedings, including establishing standing and other committees and determining when and in what manner meetings of the board and standing committees may be held, and fixing a quorum;
(f) borrow money that may, in any fiscal year, be required to meet the ordinary expenditures of the university until the revenues for that year are available, and, with the approval of the Lieutenant Governor in Council, borrow money for any other purpose;
(g) 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;
(h) enter into agreements or arrangements to further the university's purposes and objects, and designating the appropriate signing officers for agreements and other documents;
(i) enter into any arrangement with a governmental authority in Canada with respect to giving assistance to a college or university outside Canada by supplying teaching staff, supervising staff, or otherwise;
(j) enter into agreements with any incorporated society or association in the province to establish and maintain a joint system of instruction;
(k) enter into agreements with any incorporated society or association in the province that has power to prescribe examinations for admission to, or registration with, the society or association, concerning conducting examinations, prescribing courses of study and providing instruction;
(l) set fees and all other charges to be paid to the university;
(m) either on the recommendation of the senate or on the board's own initiative after consultation with the senate, authorize affiliation between the university and other academic institutions;
(n) establish pension and other plans, either contributory or non-contributory, to provide retirement and other benefits for employees of the university;
(o) do any other thing that the board considers necessary or advisable to carry out the objects and purposes of the university under this Act.
12(3) Nothing in clause (2)(g) precludes the university from holding any type of bond, debenture, stock, share or other investment donated to it, or from carrying out the terms of a deed of trust.
12(4) Except as otherwise provided in this Act, the board may act by by-law or resolution.
13 No by-law or resolution that authorizes
(a) the sale or disposition of all or part of the property bounded by Portage Avenue, Ellice Avenue, Balmoral Street and Spence Street in The City of Winnipeg; or
(b) the disposition of all or part of the capital of the university's endowment fund;
is valid unless it is approved by the general council.
14 The board shall not abolish or discontinue the collegiate division or the theology faculty without first obtaining the approval of the senate and the general council.
15(1) The board may, on the application of any interested party, hear an appeal from a decision of an officer or body appointed, elected or established by the university.
15(2) Subsection (1) does not apply to the decisions of an autonomous organization or group merely because some or all of its members are staff or students of the university.
15(3) Subsection (1) does not permit the board to hear an appeal from a decision of the senate relating to a matter specifically assigned to the senate by this Act.
16 The board may delegate any of its powers or duties to any committee of the board or any person.
17(1) The senate is continued, consisting of the following members:
(a) the chancellor of the university;
(b) the president of the university;
(c) the deputy minister of the department whose minister is responsible for The Advanced Education Administration Act, or his or her designate;
(d) the vice-presidents of the university;
(e) the deans of the university and the head of each school in the university;
(f) the chair of each separate academic department that the board has established within a faculty;
(g) the coordinator of each interdisciplinary program;
(h) the head of the B.Ed. program;
(i) the head of the Physical Activity and Sport Studies program;
(j) subject to subsection (2), one representative for every 10 full-time academic staff members, or their equivalent, of each faculty, division or school (rounded to the nearest multiple of 10), elected by and from the academic staff members of the faculty or school;
(k) two members of the board who are appointed by the board and who are not academic staff, support staff or students;
(l) the president of The University of Winnipeg Students' Association, or his or her designate;
(m) the president of The University of Winnipeg Collegiate Students' Association, or his or her designate;
(n) one student representative for every three academic staff representatives under clause (j), elected or appointed by The University of Winnipeg Students' Association, or by The University of Winnipeg Collegiate Students' Association when the number of academic staff members of the Collegiate Division so permits, but in no case may the number of students be less than six;
(o) two representatives appointed by each affiliated or associated college.
17(2) The senate shall, by resolution, define the equivalent of full-time academic staff members for the purpose of clause (1)(j).
17(3) If at any time the number of members of the senate under clauses (1)(f) to (j) is less than 60% of all the members of the senate, the senate shall, by resolution, adjust the number of academic staff to be elected under clause (1)(j) so as to ensure that the members under clauses (1)(f) to (j) are at least 60% of all the members of the senate. However, the adjustment must be the least possible to achieve the 60% level and is to continue in effect only until June 30 of the year following the year in which the adjustment is made.
18(1) Ex officio members of the senate referred to in clauses 17(1)(a) to (i), (l) and (m) are to hold office until they cease to hold the positions that qualify them for membership.
18(2) Elected and appointed members of the senate referred to in clauses 17(1)(j), (k) and (o) are to hold office for two years, beginning on July 1 of the year in which they are elected or appointed.
18(3) Student members of the senate referred to in clause (n) are to hold office for one year, beginning on July 1 of the year in which they are elected.
18(4) An elected or appointed member of the senate is eligible for re-election or re-appointment.
19(1) The senate shall declare a vacancy on the senate when
(a) a member dies or resigns; or
(b) a membership is terminated under subsection (2) or (3).
19(2) If a member of the senate becomes incapable of acting as a member, the senate may so advise the body that elected or appointed the member, and that body may terminate the membership and advise the senate and the member that it has done so.
19(3) A body that has elected or appointed a member of the senate may at any time terminate the membership by giving written notice to the member and to the senate.
19(4) If in an academic year a member of the senate appointed or elected under clause 17(1)(j), (k), (n) or (o) has been absent from three meetings of the senate without the senate's permission, which may be given retroactively, the senate may declare the member's position vacant.
20(1) When an elected or appointed member's position on the senate is vacant, the senate shall inform the body that elected or appointed the member of the vacancy and that body shall promptly elect or appoint a successor to hold office for the remainder of the term.
20(2) If the body does not elect or appoint a successor within 90 days after the senate gives it notice of a vacancy, the senate may itself appoint a successor.
21(1) The members of the senate shall not receive remuneration for performing their duties as members, but the senate may reimburse them for their reasonable expenses.
21(2) No reimbursement for expenses may be made under subsection (1) without the prior approval of the controller of the university or some other officer designated by the board for the purpose.
22 The president of the university shall be the chair of the senate.
23(1) The senate shall meet at least four times a year and more often if its rules so provide.
23(2) The secretary of the senate shall call a special meeting at the request of the chair, or at the written request of at least eight members of the senate.
24(1) The senate is responsible for the academic policy of the university.
24(2) Without limiting subsection (1), the senate may
(a) establish rules and procedures for the conduct of its proceedings, including fixing a quorum;
(b) consider and determine all courses and programs of study, including requirements and procedures for admission, examination and graduation;
(c) determine the degrees, including honorary degrees, diplomas and certificates of proficiency to be granted by the university, and the persons to whom they are to be granted and the persons to be admitted as fellows;
(d) award scholarships, bursaries, medals and prizes;
(d.1) exercise internal disciplinary jurisdiction over the academic conduct of students, including the power to expel or suspend for cause;
(e) directly and through its committees, request and receive from the board and from the administrative staff of the university, any fiscal and other information that in the senate's opinion may be needed to enable it to carry out its responsibilities;
(f) carry out any responsibilities concerning contractual and other matters assigned to it by the board;
(g) make regulations respecting the activities of faculty members and students as they affect the academic life of the university;
(h) hear and determine any appeals by students concerning their academic standing that the senate considers appropriate;
(i) consider and make recommendation to the board concerning
(i) changes in the composition of faculties, schools, departments, chairs and programs of study,
(ii) major changes to the academic and research programs of the university in light of available financial resources,
(iii) affiliations with other academic institutions, and
(iv) any other matter the senate considers appropriate;
(j) appoint any standing and other committees that it considers necessary;
(k) deal with any other matters of an academic nature.
24(3) The senate may delegate any of its powers or duties to any committee of the senate or any person.
THE CHANCELLOR AND THE VICE-CHANCELLOR
25(1) There is to be a chancellor of the university elected by the board and the senate at a joint meeting convened by the chair of the board.
25(2) The chancellor's term of office is three years, beginning on July 1 of the year in which he or she is elected.
25(3) The chancellor continues to hold office after his or her term expires until re-elected or until a successor is elected.
25(4) If a vacancy occurs in the office of chancellor before the end of the term, the successor elected to replace the incumbent chancellor is to hold office for the remainder of the incumbent's term.
26(1) The president of the university is the vice-chancellor of the university.
26(2) If the chancellor is absent or unable to act or if the office is vacant, the vice-chancellor has the powers and shall perform the duties of the chancellor.
27 The chancellor is the titular head of the university and, in addition to his or her other duties, shall confer all degrees.
JOINT MEETINGS OF THE BOARD AND THE SENATE
28(1) The board shall fix the time, place and manner of calling and holding any joint meeting of the board and senate.
28(2) The chair of the board shall be the presiding officer of joint meetings of the board and the senate. The university secretary shall be the secretary for all joint meetings.
29 The president of the university is the chief executive officer of the university and, in addition to any other duties of the president under this Act,
(a) shall direct the general administration of the university and the implementation of its educational and other policies;
(b) shall supervise the teaching staff, officers, employees and students of the university;
(c) subject to the direction of the board, may implement policy and regulations governing the conduct of students and student activities;
(d) may consider and make recommendations to the board or the senate about any matter that affects the university;
(e) is an ex officio member of every committee of the board and the senate; and
(f) has any other powers and duties assigned by the board.
30 The fiscal year of the university shall begin on April 1 and end on March 31 of the following year.
31 The Auditor General, or any other auditor appointed by the Minister of Finance, shall audit the accounts of the university at least once a year and make a written report on the audit to the board and to the Lieutenant Governor in Council.
32(1) In this section,
"managerial staff" means persons who perform executive, management or senior administrative functions and who are designated as managerial staff by the board; (« cadres »)
"professional staff" means persons who are members of a profession regulated by an Act of the Legislature who are employed by the university in their professional capacity. (« personnel professionnel »)
32(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.
32(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.
32(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.
33 An examination for a degree to be conferred by the university may be answered by the candidate in either the English or French language.
34(1) No action or other proceeding for damages shall be instituted against a member of the board or the senate for any act done in good faith in the execution or intended execution of his or her duties as a member of the board or the senate or for any neglect or default in the execution, in good faith, of those duties.
34(2) No action or other proceeding for damages shall be instituted against the university, the board, the senate or any member of the board or senate or any officer or employee of the university for any act or omission of any of them with respect to any activity of a student, or by reason of any act or omission of a student.
35 No one other than the Crown may take expropriation proceedings against property vested in the university, and the Crown may only do so if the Act conferring the power to expropriate is made specifically applicable to the university.
36(1) Except with the permission of the board, no person shall
(a) use or adopt the name "The University of Winnipeg", or any abbreviation of it or any word or words likely to be confused with it,
(i) as part of or in connection with the name of any business or undertaking,
(ii) in any advertising, or
(iii) in the name of any thing, place or building;
(b) assume or use the university's coat of arms or crest, or any design imitating it or calculated or likely to deceive by its resemblance to the university's coat of arms or crest; or
(c) use the logo of the university, or any design imitating it or calculated or likely to deceive by its resemblance to the university's logo.
36(2) The board may authorize any person, corporation or organization to use the university's name, coat of arms or crest, or logo, subject to any conditions the board may determine.
36(3) A person who contravenes this section is guilty of an offence and is liable, on summary conviction, to a fine of not more than $1,000.
37 Wherever "Wesley College", "Manitoba College" or "United College" is named as a beneficiary in a will, codicil, trust indenture, instrument or gift or other document, regardless of when it was made or when effective, it is to be read as a reference to The University of Winnipeg.
38 Each member of the board and the senate who holds office immediately before this Act comes into force shall, unless his or her position becomes vacant under section 8 or 19, continue in office for the remainder of the term for which the member was elected or appointed.
39 This Act may be referred to as chapter U70 of the Continuing Consolidation of the Statutes of Manitoba.
40 This Act comes into force on July 1, 1998.
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