3rd Session, 43rd Legislature

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Bill 29

THE UNIVERSITY OF WINNIPEG AMENDMENT ACT

(Assented to                                         )

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

C.C.S.M. c. U70 amended

1   The University of Winnipeg Act is amended by this Act.

2(1)   Subsection 5(2) is replaced with the following:

Members

5(2)   The board shall consist of the following members:

(a) the chancellor of the university;

(b) the president of the university;

(c) one alumnus of the university appointed or elected by the University of Winnipeg Alumni Association;

(d) three members of the academic staff who are members of the senate and who are elected by the senate;

(e) two students appointed or elected by the University of Winnipeg Students' Association Inc.;

(f) three persons appointed by the general council;

(g) ten persons appointed by the Lieutenant Governor in Council, two of whom identify as Indigenous.

2(2)   Subsection 5(3) is amended by striking out ", other than support staff members,".

2(3)   The following is added after subsection 5(4):

Considerations regarding LG in C appointments

5(5)   In appointing persons under clause (2)(g), regard is to be had for the need to ensure that the board as a whole

(a) reflects the diversity of the educational and community interests of the university's student population and the places from which they come; and

(b) has appropriate experience and expertise to fulfill the university's purposes and objects and in financial management.

3(1)   Subsection 6(1.1) is amended by striking out ", other than a student member,".

3(2)   Subsection 6(3) is amended by striking out "clauses 5(2)(a), (b) and (h)" and substituting "clauses 5(2)(a) and (b)".

4   Section 7 is replaced with the following:

Re-appointment and re-election

7   A member of the board whose term expires is eligible to be re-appointed or re-elected, but a member who serves for nine consecutive years is not eligible to be appointed or elected for a further term until at least three years have passed since the end of the member's last term.

5   Clause 8(1)(b) is amended by striking out "clause 5(2)(a), (b) or (h)" and substituting "clause 5(2)(a) or (b)".

6   Subsection 9(3) is amended by striking out "rule 1 of".

7   Clause 12(2)(e) is amended by adding "subject to section 12.2," before "establish rules".

8   The following is added after section 12:

Conflict of interest by-law

12.1(1)   The board must, by by-law, adopt conflict of interest guidelines for members of the board.

Procedure on conflict of interest

12.1(2)   A member of the board who has reasonable grounds to believe that they have a conflict of interest in a matter before the board or a committee of the board on which the member serves must, if present at a meeting considering the matter,

(a) disclose the general nature of the conflict of interest;

(b) withdraw from the meeting without voting or participating in consideration of the matter; and

(c) refrain at all times from trying to influence the matter.

Record of disclosure

12.1(3)   When a member has complied with subsection (2), the person responsible for taking minutes of the meeting must

(a) make a record of the disclosure, the general nature of the conflict of interest and the fact that the member withdrew from the meeting; and

(b) file a copy of the record with the officer of the university designated in the by-laws.

Records available

12.1(4)   The officer must make the records that the officer receives under subsection (3) available to the public in the manner the officer determines to be appropriate.

Meetings open to public

12.2(1)   Except as provided in this section, all meetings of the board must be open to the public.

In camera matters

12.2(2)   The board may, by by-law, specify categories of matters that may be considered at in camera meetings of the board.

In camera consideration

12.2(3)   A matter to be considered at a meeting of the board may be considered in camera when, in the opinion of not less than 2/3 of the total number of members of the board, the matter

(a) comes within a category specified in a by-law passed under subsection (2); and

(b) should be considered in camera.

Record of in camera decision in minutes

12.2(4)   When a matter is considered in camera at a meeting of the board, the reasons for considering the matter in camera must be recorded in the minutes of the meeting.

9   Section 16 is amended by renumbering it as subsection 16(1) and adding the following as subsection 16(2):

Restriction on delegation

16(2)   Despite subsection (1), the board must not delegate its authority to enact a by-law or exercise or perform any power or duty that it is required to exercise or perform by by-law.

10   Clauses 17(1)(l) and (n) of the English version are amended by striking out "The University of Winnipeg Students' Association" and substituting "the University of Winnipeg Students' Association Inc.".

11   Section 29 is amended by renumbering it as subsection 29(1) and adding the following as subsections 29(2) and (3):

Annual performance review

29(2)   The board must make by-laws providing for an annual performance review of the president, which must provide for external reviews in the years specified in the by-law.

Dealing with reviews and other matters

29(3)   The board must make by-laws providing for the exclusion of the president from meetings of the board or any committee of the board during the consideration of the president's annual performance review and the president's performance objectives, remuneration, expenses or any other terms and conditions of employment.

12   Section 38 is repealed.

TRANSITIONAL PROVISION

Transitional — board members

13(1)   A member of the board who holds office under subsection 5(2) of the former Act on the day immediately before the day this section comes into force continues to hold office for the remainder of the term for which they were elected or appointed, and subsection 8(1) of the former Act continues to apply in respect of the member.

Meaning of "former Act"

13(2)   In subsection (1), "former Act" means The University of Winnipeg Act as it read immediately before the coming into force of this section.

COMING INTO FORCE

Coming into force

14   This Act comes into force on July 1, 2026.