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REPEALED
Date: September 1, 2011


C.C.S.M. c. C150.2

Le Collège universitaire de Saint-Boniface Act

Table of contents

WHEREAS in the Parish of St. Boniface, in the Province of Manitoba, there existed a College in which were the different branches of a complete classical course of studies;

AND WHEREAS the members of the College hereinafter named, by their petition, prayed that the College be incorporated:  the Right Reverend Alexandre Taché, Roman Catholic Bishop of St. Boniface, the Reverend Father Lavoie, the Reverend M. G. Dugast, and the Reverend Father J. McCarthy;

AND WHEREAS their prayer was granted and resulted in the enactment of An Act to Incorporate the St. Boniface College, assented to May 3, 1871;

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:

Continuation

1

Le Collège universitaire de Saint-Boniface, consisting of the members of the board appointed in accordance with section 2.1, is continued as a corporation and is hereinafter referred to as "the corporation".

S.M. 2005, c. 13, s. 3; S.M. 2008, c. 42, s. 8.

Purposes

1.1

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

S.M. 2005, c. 13, s. 4.

Affiliated college of University of Manitoba that also provides community college programming

1.2

The corporation is an affiliated college of The University of Manitoba and, for its purposes, may also provide community college programming approved by the Council on Post-Secondary Education.

S.M. 2005, c. 13, s. 4.

Board

2

The governing body of the corporation is its board.

S.M. 2005, c. 13, s. 5.

Appointment of board members

2.1(1)

The board is to consist of

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

(b) up to three members who are appointed by the Lieutenant Governor in Council one of whom must be a student.

Francophone representation

2.1(2)

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

Term of L.G. in C. appointees

2.1(3)

Each member appointed by the Lieutenant Governor in Council

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

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

Term of student member

2.1(4)

Despite subsection (3), the student appointed by the Lieutenant Governor in Council is to hold office for one year and is eligible to be reappointed.

S.M. 2005, c. 13, s. 5.

Powers — governance

3

Subject to this Act, the board has full power and authority to make and establish from time to time such rules, orders, and regulations, as they shall deem useful and necessary, concerning the system of education in, and for the management of the property of the corporation.

S.M. 2005, c. 13, s. 6.

Powers — property

3.1

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

S.M. 2005, c. 13, s. 7.

May hold property in trust or otherwise

4

It shall be lawful for the corporation to accept and receive the transfer of all property moveable or immoveable, in trust or otherwise, for its purposes, and hold and possess the same under the terms and stipulations made in such deed of conveyance.

S.M. 2005, c. 13, s. 8.

Use of property held by corporation

5

All property belonging to the corporation shall at all times be exclusively applied and appropriated to the advancement of the corporation's purposes.

S.M. 2005, c. 13, s. 9.

Certificates, diplomas and degrees

6

The corporation may grant

(a) certificates and diplomas;

(a.1) baccalaureate degrees with an applied focus; and

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

S.M. 2005, c. 13, s. 10; S.M. 2009, c. 21, s. 2.

Agreements with French language universities and other institutions

6.1(1)

With the approval of the Council on Post-Secondary Education, the corporation may enter into an agreement

(a) with a university in Canada that provides programs predominately in the French language to enable students of the corporation to obtain credit in a course or degree program offered by that institution; and

(b) with a college, university college or other similar institution in Canada, in respect of certificates or diploma programs, to

(i) develop and deliver joint programs, and

(ii) enable students of the corporation to obtain credit in a course or program leading to a certificate or diploma offered by the corporation or the other party to the agreement.

Terms and conditions

6.1(2)

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

S.M. 2005, c. 13, s. 10.

Auditor

6.2

The Auditor General, or any other auditor appointed by the Lieutenant Governor in Council, must audit the accounts of the corporation at least once a year and make a written report on the audit to the board and to the Lieutenant Governor in Council.  The audit is to be conducted in the language in which the corporation normally conducts its affairs.

S.M. 2005, c. 13, s. 10.

Corporations Act not to apply

6.3

The Corporations Act does not apply to the corporation.

S.M. 2005, c. 13, s. 10.

7

Repealed.

S.M. 2005, c. 13, s. 11.

C.C.S.M. reference

8

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

S.M. 2005, c. 13, s. 12.

NOTE:  This Act was formerly a private Act,  Le Collège de Saint-Boniface Incorporation Act, R.S.M. 1990, c. 36.