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R.S.M. 1990, c. 203
The University of Manitoba Students' Union Act
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WHEREAS the persons hereinafter named, by their petition, prayed that the University of Manitoba Students' Union should be incorporated: Robert Malcolm Setters, Paul Gérard Normandeau, Samuel James Hale, David Ross Campbell, Robert Arthur Harrison and Paul Stanley Peter Graham, all of The City of Winnipeg, in Manitoba, students;
AND WHEREAS their prayer was granted, and resulted in the enactment of The University of Manitoba Students' Union Act, assented to June 19, 1975;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The University of Manitoba Students' Union (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who are members of the corporation.
The corporation is a corporation without capital stock.
The head office of the corporation shall be in the City of Winnipeg, in the Province of Manitoba.
The objects of the corporation are
(a) to promote the welfare and interests of students of the University of Manitoba, hereinafter referred to as "the University", in all matters respecting their common interests;
(b) to act as the official representative of the members of the corporation;
(c) to promote and maintain responsible student government at the University;
(d) to promote and encourage student participation in cultural, athletic, intellectual and social activities;
(e) to promote and maintain communication between the student body and the various authorities of the University, and to assist in the maintaining of good conduct of the students of the University.
The corporation has all the capacity, rights, powers and privileges of a natural person that are necessary or conducive to the attainment of its objects, and without limiting the generality of the foregoing, the corporation may
(a) administer the affairs of the corporation, including, without limiting the generality of the foregoing, receiving and administering all funds which may accrue to the corporation from membership fees, and receiving and administering such other funds as may become the property of the corporation by donation, gift, business venture, legacy, or in any manner whatsoever;
(b) carry out such activities as may be considered desirable in furtherance of the interest and welfare of the said students;
(c) purchase or otherwise acquire and sell, exchange, lease, mortgage, charge, turn to account, dispose of and deal in property, real and personal, and rights of all kind, and in particular, options, contracts, businesses, concerns and undertakings;
(d) acquire, print, publish, conduct and circulate or otherwise deal with any newspaper or newspaper proprietor and general publisher, carry on a trade as a general printer, lithographer, engraver and advertising agent; build, construct, direct, purchase, lease or otherwise acquire or provide any buildings, offices, workshops, plant and machinery or other things necessary or useful in connection therewith; engage in all branches of the publication business and print, publish and generally deal with newspapers, periodicals, magazines and books of every description and kind; engage in all branches of the communications and telecommunications business and operate radio and television equipment and conduct the business of a radio station or television station or both;
(e) procure the incorporation of a body or bodies corporate for the purpose of causing such body or bodies corporate to carry on any activity or enterprise which the corporation itself could carry on;
(f) generally manage and conduct the affairs of the corporation to the benefit of its members.
The corporation may exercise its powers beyond the boundaries of Manitoba to the extent permitted by the laws in force, where the powers are sought to be exercised, and may accept extra-provincial powers and rights.
All persons enrolled as students at the University (other than such class or classes of students, if any, as may in the discretion of the Board of Governors of the University, after consultation with the council of the corporation, and at the request of such class or classes of students, or at the request of the council of the corporation, be exempted from this requirement by the Board of Governors of the University) shall be required to be members of the corporation during the term of their enrollment, and the members of the corporation shall be all such students during the term for which their memberships in the corporation are fully paid or have been collected by the University; provided that any class or classes of students who are not now members of the corporation shall not be made members of the corporation except at their request and with the approval of the Board of Governors of the University; and provided that any person enrolled as a student at the University may, at the person's option, become a member of the corporation notwithstanding that the person is a member of a class of students exempted from membership pursuant thereto.
Each member of the corporation shall pay the membership fee fixed pursuant to clause 8(f), and each member of any class or classes of students exempted from membership in the corporation pursuant to subsection (1) shall pay the assessment fixed pursuant to clause 8(f).
The University shall, at the request of, and on behalf of the corporation, collect and remit to the corporation all fees and assessments fixed pursuant to clause 8(f).
The by-laws of the corporation may provide for meetings of members of the corporation, and meetings of members of the corporation may be validly held, notwithstanding the lack of a quorum of members thereat.
Meetings of members of the corporation may be held on not less than 10 days notice, but notice of meetings of members of the corporation need not be given individually, and may be given in such manner as is prescribed by the by-laws of the corporation.
The business and affairs of the corporation shall be managed by a Students' Council, herein referred to as "the council", consisting of such number of members as may be determined by by-law enacted by the council.
The council may, at all times, exercise in the name of, and on behalf of, the corporation, and as the act and deed of the corporation, any or all of the powers, authorities and privileges, by this Act, or any other Act conferred on the corporation as a body corporate; and, without in any manner limiting its full power and authority, the council may by by-law, but subject to this Act,
(a) provide for the qualifications of a member to be elected or appointed to any office in the corporation;
(b) provide for the number of persons comprising the council;
(c) provide for and regulate the payment of salary, remuneration or honorarium to any member for services rendered to or for the corporation;
(d) provide for the calling and holding of meetings of council and of members;
(e) provide for the manner of election or appointment, or removal of any officer of the corporation;
(f) provide (subject to section 8.1 and the approval of the Board of Governors of the University) for the amount of annual membership fees to be paid by members of the corporation and the amount of any assessment to be paid by any class or classes of students which have been exempted from membership in the corporation pursuant to subsection 6(1);
(f.1) provide for all matters respecting the conduct of a referendum;
(g) provide for the acquisition, management and disposition of property of the corporation;
(h) provide for the entering into by the corporation of contracts or arrangements with any person of any nature or kind whatsoever;
(i) provide for any other matter or thing pertaining to the management and affairs or activities of the corporation.
Before submitting to the Board of Governors a request to approve an increase in the amount of annual membership fees payable by members of the corporation, the council must have conducted a referendum of the members of the corporation on the question of the increase, in which the increase was approved by a majority of the votes cast. The referendum must have been conducted in accordance with the by-laws under clause 8(f.1).
This section does not apply to an increase in the amount of annual membership fees resulting from indexation based on the consumer price index.
The corporation must not become a member of an external organization unless the council has first conducted a referendum of the members of the corporation on the question of the membership, in which the membership was approved by a majority of the votes cast. The referendum must have been conducted in accordance with the by-laws under clause 8(f.1).
For greater certainty, subsection (1) does not apply to the periodic renewal of the corporation's membership in an external organization.
The corporation's membership in an external organization must be affirmed by a majority vote of the council every second calendar year.
If the corporation's membership in an external organization is voted on by the council and is not affirmed by a majority vote, the council must take all required steps to terminate that membership.
The members of the council shall be elected by and from among the members or such groups or classes of the members of the corporation as may be stipulated by, and in accordance with, the by-laws enacted by the council.
On, from and after June 19, 1975 the corporation is and shall be conclusively deemed to be the successor of the unincorporated body previously known as The University of Manitoba Students' Union and established by by-law of the University, and all the lands, assets, properties, rights, privileges and franchises and causes of action of every description belonging to or standing in the name of the said unincorporated body were transferred to and vested in the corporation without further act, conveyance or other deed to and for the use and benefit absolutely of the corporation and the corporation may exercise all the powers, rights and privileges over or in respect of them or any of them that the unincorporated body had or could or may have exercised, and the corporation assumed and is liable for all the debts, liabilities and charges of every kind and description existing against the unincorporated body as at June 19, 1975.
The corporation is not liable by reason of any act or omission of students or members of the corporation unless the corporation would, at law, be liable in respect of such act or omission.
No member of the council 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 council in the execution of their office or pursuant to, or in the supposed exercise of the powers given to the council or any member thereof.
No action or proceeding shall be brought against the corporation in respect of any act or omission of any member of the council unless the act or omission would, except for section 11, have given rise to a cause of action against that member of the council.
A member is not, as such, answerable or responsible for any act, default, obligation or liability of the corporation or for any engagement, claim, payment, loss, injury, transaction, matter or thing related to or connected with the corporation beyond the amounts owing to the corporation for fees or dues.
Any member may be elected or appointed a member of the council or an officer of the corporation notwithstanding that they are not of the full age of 18 years.
The corporation and all of its activities shall be carried on without pecuniary gain to its members, and any profits or other accretions to the corporation shall be used for its objects, but nothing in this section prohibits a member of the council or an officer, employee or servant of the corporation from receiving reasonable remuneration for the person's services to the corporation or from being reimbursed for reasonable expenses incurred by the person in connection with those services.
Notwithstanding anything herein provided the corporation shall not, without the consent of the Board of Governors of the University, borrow any sum of money or enter into any contract or commitment imposing financial liability upon the corporation, if such borrowings cannot be repaid or if such financial liability cannot be discharged, out of the funds of the corporation available at the time of such borrowing or the entering into of such contract or commitment and its membership fees then due or to become due within eight months thereafter.
Subject to section 17, the corporation may borrow money, issue, sell or pledge securities, charge, mortgage, hypothecate or pledge all or any of its real or personal property, including book debts, rights, powers, franchises and undertaking, to secure any securities or any money borrowed, or other debt, or any other of its obligations or liabilities, and guarantee the repayment of the debts, obligations and liabilities of any body corporate.
Upon the dissolution of the corporation and after payment of all its debts and liabilities, the corporation shall distribute or dispose of its remaining property to the University, which shall hold same in trust for the use and benefit of any corporation or organization which is or becomes the successor to the corporation.
The Corporations Act does not apply to the corporation.
The corporation shall not petition the Legislature of the Province of Manitoba for any amendment to this Act without first receiving the consent thereto of the Board of Governors of the University.
NOTE: This Act replaces S.M. 1975, c. 58.
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