Fifth Session, Thirty-Ninth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
THE UNIVERSITÉ DE SAINT-BONIFACE ACT
|Table of Contents||Explanatory Note|
(Assented to )
WHEREAS a French-language educational institution with ties to the educational activities of the Catholic Church was founded in Saint-Boniface in 1818;
AND WHEREAS the institution was incorporated as Le Collège de Saint-Boniface in 1871, and was continued as le Collège de Saint-Boniface in 1990 and le Collège universitaire de Saint-Boniface in 2005;
AND WHEREAS le Collège universitaire de Saint-Boniface, as Manitoba's only French-language post-secondary institution, plays a vital role in the linguistic, cultural, social and economic development and growth of Manitoba's francophone community;
AND WHEREAS the province considers it important to promote and enhance the development and growth of its francophone community;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"board" means the Board of Governors of the university. (« bureau »)
"senate" means the Senate of the university. (« sénat »)
"teaching staff" means employees of the university designated as teaching staff in the by-laws of the board. (« personnel enseignant »)
"university" means the Université de Saint-Boniface. (« Université »)
UNIVERSITÉ DE SAINT-BONIFACE
Le Collège universitaire de Saint-Boniface is continued as a corporation without share capital under the name "Université de Saint-Boniface" and is composed of the members of the board.
The Corporations Act does not apply to the university.
PURPOSES AND POWERS
The purposes of the university are
(a) the advancement of learning and the creation, preservation and dissemination of knowledge;
(b) the intellectual, social, cultural, educational and physical development and training of persons, and of society as a whole and in all spheres of activities, in the French language; and
(c) the linguistic, cultural, social, economic and educational well-being and development of its students, employees and the francophone community.
To further its purposes, the university may
(a) establish and maintain such faculties, schools, institutes, departments, chairs and courses of instruction as the board considers appropriate;
(b) give university and college-level instruction and training in all branches of learning;
(c) grant degrees, including honorary degrees, certificates and diplomas;
(d) provide facilities and resources for original research in every branch of learning, and conduct or facilitate the conducting of such research; and
(e) generally promote and carry on the work of a post-secondary educational institution.
The university has the capacity, rights and powers of a natural person for carrying out its purposes.
The university is, subject to subsection 58.1(2) of The University of Manitoba Act, declared to be affiliated with The University of Manitoba.
If authorized by the board under clause 13(2)(p), the university may enter into affiliations or other relations with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.
BOARD OF GOVERNORS
The Board of Governors is established as the governing body of the university.
The board is to consist of
(a) the president of the university;
(b) two members appointed by the Société franco-manitobaine;
(c) two members appointed by the Archdiocese of Saint Boniface;
(d) two members of the senate elected by the senate;
(e) two members appointed by the board in accordance with its by-laws;
(f) one member elected or appointed by the students' association of the university; and
(g) five members appointed by the Lieutenant Governor in Council, one of whom must be a student.
The election or appointment of members under subsection (2), other than the president, must take place in accordance with the procedures of the electing or appointing body. That body must 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.
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).
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 elected or appointed.
The student member of the board is to hold office for one year.
A member of the board elected by the senate is to hold office for two years.
This section does not apply to the president of the university, who is a member of the board by virtue of office.
A member of the board who holds a term of two or three years is eligible to be elected or appointed for a second term, but not for a further term until at least one year has elapsed since the end of the member's second term.
Despite subsection (1), the board may permit a member to serve a third term, but only if not more than 1/4 of the members of the board are serving a third term at any one time.
The board must declare a vacancy on the board when
(a) a member dies or resigns;
(b) a member, other than the president, 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).
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.
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.
When an elected or appointed member's position on the board is vacant, the board must inform the body that elected or appointed the member of the vacancy, and that body must promptly elect or appoint a successor to hold office for the remainder of the term.
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.
The appointment of a successor to fill the remainder of another member's term must not be considered a term of office for the purpose of subsection 8(1).
The members of the board must not receive any remuneration for performing their duties as members, but the board may reimburse them for their reasonable expenses.
The board must annually elect one of its members as the chair of the board and another member as vice-chair.
If the chair is absent or unable to act or if the office is vacant, the vice-chair has the powers and must perform the duties of the chair.
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.
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 teaching and other staff as required, and determine their duties, conditions of employment and set their salaries and honorariums;
(c) determine the administrative and academic organization of the university;
(d) establish programs, services and facilities to further the university's purposes, either by the university alone or in co-operation with others;
(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) exercise internal disciplinary jurisdiction over the non-academic conduct of students, including the power to expel or suspend for cause;
(g) borrow money that may, in any fiscal year, be required to meet the ordinary expenditures of the university until the revenues for that fiscal year are available, and, with the approval of the Lieutenant Governor in Council, borrow money for any other purpose;
(h) subject to 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;
(i) enter into agreements or arrangements to further the university's purposes, and designating the appropriate signing officers for agreements and other documents;
(j) enter into any arrangement with a governmental authority in Canada with respect to giving assistance to a college or university in a foreign country by supplying teaching staff, supervising staff, or otherwise;
(k) enter into agreements with any incorporated society or association in the province to establish and maintain a joint system of instruction;
(l) enter into agreements with any incorporated society or association that has the power to prescribe examinations for admission to, or registration with, the society or association, concerning conducting examinations, prescribing courses of study and providing instruction;
(m) enter into agreements with other universities or colleges for the instruction of their students in courses taken in a faculty of the university and for conducting examinations of those students and their use of the university's facilities;
(n) set fees and all other charges to be paid to the university;
(o) make by-laws respecting and prohibiting the parking or leaving of vehicles on property under the control of the university, including, but not limited to, by-laws 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 by-laws,
(iv) the removal and impoundment of vehicles parked or left in contravention of the by-laws;
(p) either on the recommendation of the senate or on the board's own initiative after consultation with the senate, authorize the university to enter into an affiliation or other relationship with other academic institutions;
(q) establish pension and other plans, either contributory or non-contributory, to provide retirement and other benefits for employees of the university;
(r) retain custody and control of all university records;
(s) select and use a coat of arms and crest for the university;
(t) do any other thing that the board considers necessary or advisable to carry out the purposes of the university under this Act.
Nothing in clause (2)(h) precludes the university from holding any type of security donated to it, or from carrying out the terms of a deed of trust.
Except as otherwise provided in this Act, the board may act by by-law or resolution.
The board may delegate any of its powers or duties, except the power or duty to make a by-law, to any committee of the board or any person.
There shall be a senate of the university consisting of the following members:
(a) the president of the university;
(b) the vice-presidents of the university;
(c) the dean and director of each faculty, school, academic unit or division, or the person exercising comparable functions;
(d) two members of the teaching staff appointed by the faculty association of the university;
(e) 16 members of the teaching staff elected by the teaching staff;
(f) three students elected by the students' association of the university.
The president of The University of Manitoba, or his or her designate, is a member of the senate, but may not vote on matters respecting the college-level instruction and training provided by the university.
The composition of the senate is subject to the following requirements:
(a) members described in clauses (1)(d) and (e) must compose not less than 2/3 of the total voting members;
(b) members who provide university-level instruction must compose not less than 1/2 of the total voting members.
A member who holds more than one position on the senate is entitled to only one vote on any matter before the senate.
Subject to subsection 15(3), the board may by by-law increase the number of senate members.
Elected and appointed members of the senate, other than student members, are to hold office for two years, beginning on September 1 of the year in which they are elected or appointed.
Student members of the senate are to hold office for one year, beginning on September 1 of the year in which they are elected.
Members referred to in clauses 15(1)(a) to (c) continue as members of the senate until they cease to hold the positions that qualify them for membership.
An elected or appointed member of the senate is eligible for re-election or re-appointment, but the senate may set a maximum number of consecutive terms that such a member may serve.
When an elected or appointed member's position on the senate is vacant, the senate must inform the body that elected or appointed the member of the vacancy and that body must promptly elect or appoint a successor to hold office for the remainder of the term.
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.
The members of the senate must not receive remuneration for performing their duties as members, but the senate may reimburse them for their reasonable expenses.
The president of the university is to be the chair of the senate.
If the president of the university is absent or unable to act as chair, the vice-president academic and research or, in his or her absence, a dean appointed by the president, is to be the chair at meetings of the senate.
The university secretary or, if there is none, the person exercising comparable functions, is to be the secretary of the senate.
The senate is to meet at least four times a year and may meet more often if its rules so provide.
The secretary of the senate must call a special meeting at the request of the chair or at the written request of at least four members of the senate.
The secretary must ensure that notice of the time, date and location of senate meetings is posted in a public place at the university.
The senate is responsible for the academic policy of the university.
Without limiting subsection (1), the senate may
(a) establish rules and procedures for the conduct of its proceedings, including fixing a quorum;
(b) appoint standing and other committees that it considers necessary;
(c) consider and determine all courses of study, including requirements for admission, examination and graduation;
(d) recommend to the board the establishment of additional faculties, schools, departments, chairs and courses of instruction, and changes to any of them;
(e) determine the degrees, honorary degrees, certificates and diplomas to be granted by the university, and the persons to whom they are to be granted;
(f) award scholarships, bursaries, medals and prizes;
(g) recommend to the board agreements to develop and deliver joint academic programs;
(h) exercise internal disciplinary jurisdiction over the academic conduct of students, including the power to expel or suspend for cause;
(i) make rules respecting the activities of teaching staff and students as they affect the academic life of the university;
(j) hear and determine any appeals by students concerning their academic standing that the senate considers appropriate;
(k) consider and make recommendations to the board about any other matter that the senate considers appropriate for achieving the purposes of the university.
The senate may delegate any of its powers or duties to any committee of the senate or any person.
The president is the chief executive officer of the university and, in addition to any other duties of the president under this Act,
(a) is to have general supervision over and direction of the operation of the university, including the academic work of the university;
(b) is to supervise the teaching staff, officers, employees and students of the university;
(c) may consider and make recommendations to the board or the senate about any matter that affects the university;
(d) is an ex officio member of every committee of the board and the senate; and
(e) has any other powers and duties assigned by the board.
The fiscal year of the university ends on March 31 of each year.
The Auditor General, or any other auditor appointed by the Lieutenant Governor in Council, must 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.
The audit required under subsection (1) must be conducted in the language in which the board normally conducts its affairs.
The working language of the university shall be French.
An examination for a degree, certificate or diploma to be conferred by the university must be answered by the candidate in the French language, unless otherwise approved by the senate.
No action or proceeding may be brought against the university, the board, the senate or any member of the board or senate or any officer or employee of the university for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.
No action or proceeding may be brought 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.
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.
Except with the permission of the board, no person shall
(a) use or adopt the name "Université de Saint-Boniface", 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; or
(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.
The board may authorize any person, corporation or organization to use the university's name, coat of arms or crest subject to any conditions the board may determine.
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.
In sections 32 to 35, "CUSB" means le Collège universitaire de Saint-Boniface, as continued under Le Collège universitaire de Saint-Boniface Act.
Despite anything in this Act, the persons
who were, on the day immediately before the coming into force of this Act,
(a) members of the board of CUSB constitute the first board of the university; and
(b) members of the Conseil de direction des études, as established by by-law of CUSB, constitute the first senate.
The first board and the first senate of the university must, no later than 12 months after the day this Act comes into force, elect or appoint such new members of the board and senate as are necessary to ensure that the board and senate are constituted in accordance with the requirements of this Act.
Each new member of the board elected or appointed under subsection (2) is to hold office for one year, two years or three years, as determined by the board, and the term of office of each new member so elected or appointed may vary from one member to the next, as the board deems appropriate to ensure an effective succession of board members.
In determining whether a person is eligible to be re-elected or re-appointed to the board or the senate, his or her membership on the board of CUSB or the Conseil de direction des études is not to be considered.
The university must grant to all of its students and former students of CUSB full recognition for all credits and marks awarded by CUSB before the coming into force of this Act, whether the credits and marks were awarded directly by CUSB or by CUSB in affiliation with The University of Manitoba.
The by-laws made by CUSB, in so far as they are not inconsistent with this Act and are capable of being applied, implemented or complied with in the administration of the university, remain in force until re-enacted, amended or repealed by the university under this Act.
On the coming into force of this Act,
(a) every employee of CUSB is continued as an employee of the university;
(b) all property, and interests in property, of CUSB is vested in the university and may be dealt with by the university in its own name, subject to any trusts or other conditions applicable to the property;
(c) all other assets, liabilities, rights, agreements, duties, functions and obligations of CUSB are vested in the university, and the university may deal with them in its own name; and
(d) all rights of action and actions by or against CUSB may be continued or maintained by or against the university.
For certainty, on and after the day this Act comes into force, all appointments and tenure held by the employees of CUSB are deemed to have been granted by the university.
Wherever CUSB 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.
On the coming into force of this Act, l'Association étudiante du Collège universitaire de Saint-Boniface is continued as the students' association of the university.
Section 59 of The Labour Relations Act relating to common control or direction of associated or related activities or businesses does not apply to the board or to the university established under this Act or to the Crown in right of Manitoba.
The definition "university" in section 1 of The Colleges Act is amended by adding ", Université de Saint-Boniface" after "University College of the North".
Clause 122(2)(e) of The Consumer Protection Act is amended by adding "Université de Saint-Boniface," after "Brandon University,".
The definition "university" in section 1 of The Council on Post-Secondary Education Act is amended by striking out "and" at the end of clause (d.1) and adding the following after clause (d.1):
(d.2) Université de Saint-Boniface, and
Clause (c.3) of the definition "educational body" in section 1 of The Freedom of Information and Protection of Privacy Act is replaced with the following:
(c.3) Université de Saint-Boniface,
The definition "public body" in section 1 of The Manitoba Investment Pool Authority Act is amended by adding the following after clause (d.1):
(d.2) Université de Saint-Boniface,
Subsection 4(3) of The Labour Relations Act is amended by adding the following after clause (e.1):
(e.2) section 35 of The Université de Saint-Boniface Act;
Clause 335(2)(a) is amended by striking out "Le Collège universitaire de Saint-Boniface" and substituting "Université de Saint-Boniface".
The Municipal Assessment Act is amended
(a) in the definition "university" in subsection 1(1), by striking out "or Brandon University" and substituting ", Brandon University or Université de Saint-Boniface"; and
(b) in clause 22(1)(b.1), by striking out "or Le Collège universitaire de Saint-Boniface continued under Le Collège universitaire de Saint-Boniface Act".
Subclause 12(1)(a)(iv) of The Order of Manitoba Act is amended by striking out "President of Le Collège universitaire de Saint-Boniface" and substituting "President of the Université de Saint-Boniface".
Schedule A to The Pay Equity Act is amended by replacing item 2 under the heading "Post-Secondary Educational Institutions" with the following:
2. Université de Saint-Boniface
The Schedule to The Public Sector Compensation Disclosure Act is amended by adding the following after clause (g.1):
(g.2) Université de Saint-Boniface,
Clause 3(h), subclause 63.2(2)(a)(iii) and clause (b) of the definition "qualifying teacher" in subsection 68(1) of The Teachers' Pensions Act are amended by striking out "Le Collège universitaire de Saint-Boniface" and substituting "Université de Saint-Boniface".
The following is added after clause 26(1)(p):
The following is added after section 58:
AFFILIATION WITH UNIVERSITÉ DE SAINT-BONIFACE
The Université de Saint-Boniface is declared to be affiliated with the university.
With the approval of the Lieutenant Governor in Council, the board and the Board of Governors of the Université de Saint-Boniface may dissolve the affiliation by mutual assent.
REPEAL, CITATION AND COMING INTO FORCE
Le Collège universitaire de Saint-Boniface Act, R.S.M. 1990, c. C150.2, is repealed.
This Act may be cited as The Université de Saint-Boniface Act and referred to as chapter U50 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on September 1, 2011.