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S.M. 1998, c. 49
THE MENNONITE COLLEGE FEDERATION AND CONSEQUENTIAL AMENDMENTS ACT
(Assented to June 29, 1998)
WHEREAS Canadian Mennonite Bible College, Concord College and Menno Simons College are Christian colleges firmly rooted in the Anabaptist Mennonite tradition, accountable to the Mennonite church, and serving the Mennonite community and others with a variety of educational resources and programs of study in religion, music and the arts at a post-secondary level;
AND WHEREAS it is desirable to establish a Mennonite university-level educational institution comprised of the three colleges and any additional colleges or other educational institutions that are admitted as members in accordance with this Act;
NOW THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"board" means the board of governors of the corporation unless the context otherwise requires; (« conseil d'administration »)
"by-law" means a by-law of the corporation made under this Act by the board or by the member colleges; (« règlement administratif »)
"Canadian Mennonite Bible College" means the college owned and operated under that name by the Conference of Mennonites in Canada; (« Canadian Mennonite Bible College »)
"Concord College" means Concord College Inc., a corporation owned by The Mennonite Brethren Church of Manitoba; (« Concord College »)
"corporation" means the corporation established under section 2 unless the context otherwise requires; (« corporation »)
"member college" means Canadian Mennonite Bible College, Concord College, Menno Simons College and any other college or similar post-secondary institution admitted in accordance with the by-laws as a member college; (« collège membre »)
"Menno Simons College" means the corporation established by The Menno Simons College Incorporation Act; (« Menno Simons College »)
"senate" means the senate of the corporation. (« Sénat »)
ESTABLISHMENT OF CORPORATION, OBJECTS AND POWERS
A corporation without share capital, the members of which are the member colleges and any other persons admitted as members of the corporation in accordance with the by-laws, is hereby established.
Until changed by by-law, the corporation shall be called "Mennonite College Federation".
The name of the corporation may be changed by by-law and any new name of the corporation may include the word "university".
The purposes and objects of the corporation are
(a) to establish and maintain such faculties, schools, departments, chairs, lectureships, fellowships, institutes and programs of study as are approved by the board;
(b) to give university-level instruction and training in all branches of knowledge and learning;
(c) to further the intellectual, spiritual, moral, physical and social development of, and a community spirit among, its students, graduates and staff for the betterment of society, consistent with a Christian perspective rooted in the Anabaptist Mennonite tradition;
(d) to grant degrees, including honorary degrees, diplomas and certificates of proficiency;
(e) to provide facilities for research in every branch of knowledge and learning and to conduct and carry on such research; and
(f) generally to promote and carry on the work of an educational institution providing a university-level education.
The corporation has the capacity, rights and powers of a natural person for carrying out its purposes and objects.
Without limiting the generality of subsection (1), the corporation may, in furtherance of its purposes and objects,
(a) exercise such powers and perform such duties as are conferred upon or assigned to it by the member colleges, consistent with the corporation's purposes and objects;
(b) adopt, as its own programs or courses of study, programs or courses of study of the member colleges and provide funding to the member colleges in support of such programs or courses; and
(c) enter into agreements or arrangements to further the objects and purposes of the corporation including, but not limited to,
(i) an arrangement with a governmental authority in Canada with respect to giving assistance to a college or university outside Canada by supplying academic staff, supervising staff, or otherwise,
(ii) an affiliation or association with any college or university or group of colleges or universities established for the promotion of any branch or branches of knowledge or learning,
(iii) an agreement or arrangement with any incorporated society or association for the establishment and maintenance of a joint system of instruction, and
(iv) an agreement 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.
Approval not required for new programs
The corporation may implement a new program or course of study without the approval of the council established by The Council on Post-Secondary Education Act if the program or course of study
(a) is one for which credits are given only for a degree or diploma in theology; or
(b) does not result in a request for additional funding from the council.
The corporation has the exclusive right to determine the religious and moral content of its programs and courses of study.
The member colleges may make by-laws not contrary to this Act providing for or regulating
(a) the number of members of the board, which shall be not less than nine;
(b) the qualifications, remuneration and term of office of members of the board;
(c) procedures for the election, appointment, retirement or removal of members of the board, and for the filling of a vacancy arising before the expiry of a board member's term of office;
(d) procedures for or relating to meetings of the board, including quorum and voting requirements;
(e) requirements for the board to report to the member colleges and to any other members of the corporation;
(f) offices of the corporation, the appointment of officers, their term of office, and the powers and duties that persons appointed as officers may exercise or are required to perform in that capacity;
(g) classes of membership in the corporation, qualifications for membership, and the rights, privileges, restrictions and conditions attaching to each class of membership;
(h) the admission of colleges or similar post-secondary institutions as member colleges and the admission of persons as members of another class of membership in the corporation;
(i) the fees and other dues payable by member colleges and any other classes of members of the corporation;
(j) the suspension or termination by the corporation of the membership of any person in the corporation;
(k) procedures relating to meetings of member colleges or other members of the corporation;
(l) the membership of the senate and the qualifications, remuneration and term of office of members of the senate;
(m) procedures for the election, appointment, retirement or removal of members of the senate, and for the filling of a vacancy arising before the expiry of a senate member's term of office;
(n) a quorum for the transaction of business by the senate and procedures for or relating to meetings of the senate;
(o) the fiscal period of the corporation;
(p) the manner in which a by-law made under this subsection or any provision of such a by-law may be amended or repealed.
Except as otherwise provided by a by-law made under subsection (1), no by-law made under that subsection, and no amendment or repeal of such a by-law, is valid unless it is approved by the board or similar governing body of each member college.
Except as otherwise provided by a by-law made under subsection (1), each member college has the right to cast one vote on each matter put to a vote at a meeting of member colleges.
A resolution in writing of the member colleges signed by a duly authorized officer or director or other member of the board of each member college is as valid as if it had been unanimously approved at a meeting of the member colleges and is effective from the date specified in the resolution, which shall not be before the day on which it is signed by the first officer, director or other member of the board of a member college to sign it.
BOARD OF GOVERNORS
The initial board of governors of the corporation shall consist of nine members, and each member college shall appoint three of the nine members as its representatives on the board.
Each representative appointed to the initial board by a member college shall hold office until
(a) he or she resigns by written notice to the corporation and to the member college;
(b) his or her successor is appointed by the member college; or
(c) the board is elected or appointed in accordance with the by-laws made under section 7.
A vacancy arising on the initial board shall be filled by appointment by the member college that appointed the representative whose position became vacant.
Five members of the initial board shall constitute a quorum for meetings of the initial board if the members present include at least one representative from each member college.
Any two representatives appointed to the initial board by different member colleges may call a meeting of the initial board by giving not less than two days written notice of the meeting to each member of the initial board, stating the time and place of the meeting.
Subject to subsection (7), the initial board shall have all the powers of the board under section 10.
No decision or resolution of the initial board is valid unless
(a) it is in writing and is signed by all the members of the initial board; or
(b) it is approved at a meeting of the initial board by the affirmative votes of a majority of the members present and the affirmative votes include, in respect of each group of representatives appointed by a member college, a majority of the votes cast by the members of the group.
Subject to the by-laws made under section 7, the board may exercise in the name of, and on behalf of, the corporation any or all of the powers, authorities and privileges conferred by this or any other Act on the corporation as a body corporate and, without limiting the generality of the foregoing, the board may
(a) provide for the regulation and conduct of its meetings and proceedings;
(b) appoint officers and engage academic and other staff as required, determine their duties and conditions of appointment or employment and set their remuneration;
(c) fix and determine all fees and charges to be paid to the corporation;
(d) exercise disciplinary jurisdiction over the students of the corporation, with power to suspend or expel for cause;
(e) determine and provide for the establishment or abolition of, or any changes in, faculties, schools, departments, chairs, lectureships, fellowships, institutes, programs of study, bursaries, scholarships or prizes;
(f) appoint committees as it sees fit and confer upon any committee the power and authority to act for the board;
(g) establish pension and other plans, either contributory or non-contributory, to provide retirement and other benefits for employees of the corporation or of its member colleges; and
(h) determine all matters of policy affecting the corporation or its programs except those matters specifically assigned to the senate by this Act or by a by-law made under section 7.
Powers of board limited by agreement
The member colleges may by unanimous agreement limit the powers of the board that may be exercised without their consent or approval.
The board may act by by-law or by resolution.
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 corporation.
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.
The corporation shall have a senate which shall consist of those individuals who from time to time are elected or appointed in accordance with the by-laws made under section 7.
Qualifications, term of office
The qualifications and term of office of members of the senate shall be as provided for by the by-laws made under section 7.
Senate responsible for academic policy
The senate shall be responsible for the academic policy of the corporation.
Without limiting the generality of subsection (1), the senate may
(a) subject to the by-laws made under section 7, establish a quorum and other rules and procedures for the conduct of its proceedings;
(b) within the faculties, schools, chairs, departments, lectureships, fellowships, institutes and programs of study established by the board, determine all courses of study and the requirements for admission, examination and graduation;
(c) determine the degrees, including honorary degrees, diplomas and certificates of proficiency to be granted by the corporation, and the persons to whom they are to be granted;
(d) determine academic eligibility requirements for, and award, bursaries, scholarships, medals and prizes;
(e) hear and determine appeals by students considering their academic standing;
(f) consider and make recommendations to the board concerning
(i) changes in the composition of faculties, schools, departments, chairs, lectureships, fellowships, institutes and programs of study,
(ii) major changes to the academic and research programs of the corporation in light of available financial resources,
(iii) affiliations with other academic institutions, or
(iv) any other academic matter the senate considers appropriate;
(g) carry out any responsibilities assigned to it by the board;
(h) appoint any standing or other committees it considers necessary and delegate to any such committee any of its powers and duties; and
(i) exercise any other powers of an academic nature delegated to the senate by a by-law made under section 7.
Despite section 12, until a by-law is made under section 7 providing for the election or appointment of members of the senate, the senate shall consist of
(a) the president and members of the faculty of each member college, which shall not include sessional academic staff;
(b) the president of, or another student designated by, the student council or similar body of the corporation; and
(c) the president of, or another student designated by, the student council or similar body of each member college.
Application of Corporations Act
The provisions of The Corporations Act do not apply to the corporation.
Protection from personal liability
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.
No liability re actions of students
No action or other proceeding for damages shall be instituted against the corporation, the board, the senate or any member of the board or senate or any officer or employee of the corporation for any act or omission of any of them with respect to any activity of a student of the corporation, or by reason of any act or omission of a student.
No member of the corporation shall be jointly or severally liable or accountable for the debts, contracts, acts or omissions of the corporation.
Consequential amendment, C.C.S.M. c. C150.1
The definition "university" in section 1 of The Colleges Act is repealed and the following is substituted:
"university" means The University of Manitoba, The University of Winnipeg, Brandon University and the corporation established by The Mennonite College Federation Act; (« université »)
Consequential amendment, C.C.S.M. c. C235
The definition "university" in section 1 of The Council on Post-Secondary Education Act is repealed and the following is substituted:
(a) The University of Manitoba,
(b) a college declared to be affiliated with The University of Manitoba under The University of Manitoba Act,
(c) The University of Winnipeg,
(d) Brandon University, and
(e) the corporation established by The Mennonite College Federation Act. (« université »)
Consequential amendment, C.C.S.M. c. M226
Subsection 22(1) of The Municipal Assessment Act is amended
(a) by repealing subclauses (j)(ii) and (iv); and
(b) by adding the following after clause (j):
(j.1) is owned or used by, or is held for use by,
(i) Canadian Mennonite Bible College,
(ii) Concord College Inc.,
(iii) the corporation established by The Mennonite College Federation Act,
for religious, educational or training purposes;
Consequential amendment, C.C.S.M. c. U60
Subsection 63(1) of The University of Manitoba Act is amended by striking out everything before "shall use or adopt" and substituting "Without the authority of the board, no person, except The University of Winnipeg, Brandon University and the corporation established by The Mennonite College Federation Act,".
C.C.S.M. REFERENCE AND COMING INTO FORCE
This Act may be cited as The Mennonite College Federation Act and may be referred to as chapter M105 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day fixed by proclamation.