S.M. 2022, c. 22

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S.M. 2022, c. 22

Bill 29, 4^th Session, 42^nd Legislature

The Mennonite College Federation Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Mennonite College Federation Act to reflect the evolution of the Mennonite College Federation into the Canadian Mennonite University.

The roles of the previous member colleges — Canadian Mennonite Bible College, Concord College, Menno Simons College — are removed and the governance structure is now provided for through the CMU council and the board of governors of the corporation. The university's senate continues to be responsible for academic matters.

Consequential amendments are made to five other Acts and The Menno Simons College Incorporation Act is repealed.

(Assented to June 1, 2022)

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

C.C.S.M. c. M105 amended

The Mennonite College Federation Act is amended by this Act.

The title is replaced with "THE CANADIAN MENNONITE UNIVERSITY ACT".

The preamble is amended

(a) in the first paragraph, by striking out "are" and substituting "were"; and

(b) by replacing the second paragraph with the following:

AND WHEREAS a Mennonite university-level educational institution had been established by statute as a federation of the three colleges;

AND WHEREAS the three colleges have since combined their resources and efforts to operate the institution under the name "Canadian Mennonite University" and no longer make independent contributions to the institution;

Section 1 is amended

(a) in the definitions "board" and "corporation", by striking out "unless the context requires otherwise";

(b) in the definition "by-law", by striking out "by the board or by the member colleges";

(c) in the definition "corporation", by striking out "established" and substituting "continued";

(d) by repealing the definitions "Canadian Mennonite Bible College", "Concord College", "member college" and "Menno Simons College"; and

(e) by adding the following definition:

"council" means the Canadian Mennonite University Council continued under section 8.1; (« conseil universitaire »)

The centred heading before section 2 is amended by striking out "ESTABLISHMENT" and substituting "CONTINUATION".

6(1)

Subsection 2(1) is replaced with the following:

Mennonite College Federation continued as Canadian Mennonite University

2(1)

Mennonite College Federation, as established under The Mennonite College Federation Act, S.M. 1998, c. 49, and renamed "Canadian Mennonite University" by by-law, is continued as a corporation without share capital.

Members of the corporation

2(1.1)

The members of the corporation are the members of the council.

6(2)

Subsection 2(2) is repealed.

Subsection 4(2) is repealed.

The centred heading before section 7 and sections 7 and 8 are repealed.

The following is added before the centred heading before section 9:

CANADIAN MENNONITE
UNIVERSITY COUNCIL

Canadian Mennonite University Council

8.1(1)

The Canadian Mennonite University Council, as established by by-law, is continued as the council of the corporation.

Composition of the council

8.1(2)

The council is to consist of at least 20 but not more than 50 members who are nominated and appointed or elected in accordance with the by-laws.

Role of the council

8.2(1)

The council is to promote and advance the corporation's mission and vision and, in doing so, is to consult with the corporation's stakeholders and surrounding communities.

Duties of the council

8.2(2)

The council is responsible for the following:

(a) electing, in accordance with the by-laws, the members of the board who are to be elected;

(b) considering and responding to by-laws submitted to it by the board in accordance with subsection 10(4);

(i) receiving from the board and reviewing the annual report and the audited financial statements of the corporation, and

(ii) appointing an auditor for the corporation for the current year.

Section 9 is replaced with the following:

Board of governors

9(1)

The board of governors is hereby continued as the governing body of the corporation.

Composition of the board

9(2)

The board is to consist of a maximum of 16 board members who are appointed or elected in accordance with the by-laws.

11(1)

Subsection 10(1) is amended

(a) in the part before clause (a), by striking out "Subject to the by-laws made under section 7, the" and substituting "The";

(b) by replacing clause (a) with the following:

(a) make by-laws respecting the undertakings and affairs of the corporation, including by-laws

(i) establishing one or more standing committees,

(ii) respecting the council, the board and any committees established by the board, including their membership and their meetings;

(a.1) appoint the president of the corporation and determine the president's term of office and remuneration;

(c) in clause (b), by adding "the other" after "appoint";

(d) by adding the following after clause (b):

(b.1) determine the administrative and academic organization of the corporation;

(e) by adding the following after clause (e):

(e.1) enter into agreements or arrangements to further the purposes and objects of the corporation, including

(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 set examinations for admission to, or registration with, the society or association concerning conducting examinations, setting courses of study and providing instruction;

(f) by replacing clause (f) with the following:

(f) in addition to any standing committee established by by-law, appoint committees as it considers appropriate;

(g) in clause (h), by striking out "a by-law made under section 7" and substituting "by-law".

11(2)

The following is added as subsection 10(1.1):

Delegation to committee

10(1.1)

The board may delegate any of its powers or duties, except the power to make by-laws, to a committee of the board.

11(3)

Subsection 10(2) is repealed.

11(4)

Subsection 10(3) is amended by adding "For the purpose of this section, a resolution to amend or repeal a by-law is deemed to be a by-law." at the end.

11(5)

The following is added after subsection 10(3):

Council consideration of by-laws

10(4)

The board must submit a by-law to the council at the next meeting of the council, and the council may confirm, reject or amend the by-law.

Effective date of by-laws

10(5)

Subject to subsections (7) and (8), a by-law is effective from the date it is made by the board. If it is confirmed or confirmed as amended by the council, it continues in effect in the form in which it was confirmed.

By-law ceases to have effect

10(6)

A by-law ceases to have effect if it is not submitted by the board to the council as required under subsection (4) or if it is rejected by the council.

Subsequent by-law

10(7)

If a by-law ceases to have effect, a subsequent by-law that has substantially the same purpose or effect is not effective until it is confirmed or confirmed as amended by the council.

Certain by-laws not effective until confirmed

10(8)

A by-law concerning the following has no effect until it is confirmed or confirmed as amended by the council:

(a) the number of members of the council and of the board, and their qualifications, remuneration and terms of office;

(b) the procedures for the election, appointment, retirement or removal of a council or board member and for the filling of a vacancy arising before the expiry of a member's term of office;

(c) the procedures for or relating to meetings of the council and of the board, including quorum and voting requirements;

(d) the membership of the senate and the qualifications, remuneration and term of office of members of the senate;

(e) the 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;

(f) a quorum for the transaction of business by the senate and procedures for or relating to meetings of the senate;

(g) the manner in which a by-law made under this subsection or any provision of such a by-law may be amended or repealed.

Application

10(9)

A by-law respecting the membership of the council may be general or specific.

Subsections 12(1) and (2) are amended by striking out "made under section 7".

Subsection 13(2) is amended

(a) in clause (a), by striking out "made under section 7"; and

(b) by replacing (i) with the following:

(i) exercise any other powers of an academic nature delegated by by-law to the senate.

Section 14 is repealed.

The following is added after section 16:

Bequests — former federated colleges

16.1

Wherever any of the following entities is named as a beneficiary in a will, codicil, trust indenture, instrument or gift or other document, regardless of when it was made or became effective, the reference to the entity is to be read as a reference to the corporation:

(a) Canadian Mennonite Bible College;

(b) Concord College;

Section 21 is replaced with the following:

C.C.S.M. reference

This Act may be referred to as chapter C10 of the Continuing Consolidation of the Statutes of Manitoba.

CONSEQUENTIAL AMENDMENTS,
REPEAL OF PRIVATE ACT AND
COMING INTO FORCE

Consequential amendment, C.C.S.M. c. A6.3

The Advanced Education Administration Act is amended in clause (g) of the definition "university" in section 1 and in subsection 2.2(9) by striking out "established by The Mennonite College Federation Act" and substituting "continued by The Canadian Mennonite University Act".

Consequential amendment, C.C.S.M. c. C150.1

The Colleges Act is amended in the definition university in section 1 by striking out "established by The Mennonite College Federation Act" and substituting "continued by The Canadian Mennonite University Act".

Consequential amendment, C.C.S.M. c. C200

Clause 122(2)(e) of The Consumer Protection Act is amended by striking out "established by The Mennonite College Federation Act" and substituting "continued by The Canadian Mennonite University Act".

Consequential amendment, C.C.S.M. c. M226

Clause 22(1)(j.1) of The Municipal Assessment Act is amended by striking out "established by The Mennonite College Federation Act" and substituting "continued by The Canadian Mennonite University Act,".

Consequential amendment, C.C.S.M. c. O75

Subclause 12(1)(a)(iv) of The Order of Manitoba Act is amended by striking out "established by The Mennonite College Federation Act" and substituting "continued by The Canadian Mennonite University Act".

R.S.M. 1990, c. 103 repealed

The Menno Simons College Incorporation Act, R.S.M. 1990, c. 103, is repealed.

Coming into force

This Act comes into force on the day it receives royal assent.