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C.C.S.M. c. U55
The University College of the North Act
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(Assented to June 10, 2004)
WHEREAS an integrated college and university approach offers northern Manitoba greater access to the breadth of post-secondary education programming;
AND WHEREAS providing post-secondary education in a culturally sensitive and collaborative manner is fundamental to the social and economic development of northern Manitoba;
AND WHEREAS post-secondary education in northern Manitoba should be learner and community centred and characterized by a culture of openness, inclusiveness and tolerance and respectful of Aboriginal and northern values and beliefs;
AND WHEREAS elders have a unique role in fostering that environment;
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.
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"teaching staff" means persons who teach or give instruction at the university college, and includes any other persons designated as teaching staff in the by-laws of the Governing Council. (« personnel enseignant »)
"university college" means the corporation established by section 2. (« Collège universitaire »)
UNIVERSITY COLLEGE OF THE NORTH ESTABLISHED
The "University College of the North" is established as a corporation without share capital, consisting of the members of its Governing Council.
The Corporations Act does not apply to the university college.
PURPOSES AND POWERS
The purposes of the university college are
(a) to serve the educational needs of Aboriginal and northern Manitobans; and
(b) to enhance the economic and social well-being of northern Manitoba;
by providing a broad range of educational opportunities.
For its purposes, the university college may
(a) provide post-secondary instruction and training;
(b) facilitate the creation and sharing of knowledge in an atmosphere of open and critical thought;
(c) grant degrees, honorary degrees, certificates and diplomas;
(d) provide career counselling, basic education upgrading and literacy programs, as well as post-secondary transition and preparation programs for under-prepared students;
(e) develop and deliver joint academic programs in conjunction with a university, another university college, a college or another accredited post-secondary institution; and
(f) generally promote and carry out the work of an educational institution in northern Manitoba.
The university college has the capacity, rights and powers of a natural person for carrying out its purposes.
There is to be a Governing Council of the university college, consisting of not more than 20 members, as follows:
(a) by virtue of office,
(i) the chancellor,
(ii) the president, and
(iii) a student of the university college selected by the students' association of the university college;
(b) a representative of the Learning Council, appointed by that council;
(c) a representative of the Council of Elders, appointed by that council;
(d) up to three employees of the university college, elected in accordance with a by-law made under subsection 11(1);
(e) one or two persons who are not employees or students of the university college, appointed by the Governing Council;
(f) up to 10 persons appointed by the Lieutenant Governor in Council, at least two of whom must be students of the university college.
The Lieutenant Governor in Council must give due regard to the Aboriginal composition of northern Manitoba when appointing members under clause (1)(f).
A member of the Governing Council elected or appointed under clauses 5(1)(b) to (e) is to hold office for a term to be determined by by-law of the Governing Council, which may not exceed three years.
[Repealed] S.M. 2012, c. 40, s. 44.
A member of the Governing Council, other than a student member, is eligible to hold office for no more than six years in consecutive terms but may not hold office again until at least one year has elapsed since the member last served.
Despite subsections (2) and (4), a student member of the Governing Council who is appointed by the Lieutenant Governor in Council
(a) holds office for one year; and
(b) is eligible to hold office for more than two consecutive terms.
The Governing Council must declare a vacancy on the council when
(a) a member dies or resigns;
(b) a member, other than a member described in clause 5(1)(a), fails to attend three consecutive meetings without the Governing Council'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 Governing Council becomes incapable of acting as a member, the Governing Council may so advise the body that elected or appointed the member, and that body may then terminate the membership and advise the Governing Council and the member that it has done so.
A body that has elected or appointed a member of the Governing Council may terminate the membership at any time by giving written notice to the member and to the Governing Council.
When an elected or appointed member's position on the Governing Council is vacant, the Governing Council must notify 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 Governing Council gives it notice, the Governing Council may itself appoint a successor, except where the member was appointed by the Lieutenant Governor in Council.
A successor's completion of another member's term shall not be considered a term of office for the purpose of subsection 6(4) (further terms).
The chair of the Governing Council is to be selected by the minister, and the members of the Governing Council are to select a member to serve as vice-chair.
If the chair is absent or unable to act, the vice-chair has the powers and may perform the duties of the chair.
The Governing Council has overall responsibility for the university college, and may determine all matters of university college policy except those specifically assigned to the Learning Council by this Act.
Without limiting subsection (1), the Governing Council may
(a) determine the mission, vision and values of the university college, in accordance with section 3;
(b) appoint the president and determine his or her term of office and remuneration;
(c) engage teaching and other staff as required, and determine their duties, conditions of employment, and salaries and honoraria;
(d) determine the administrative and academic organization of the university college;
(e) and (f) [repealed] S.M. 2010, c. 18, s. 3;
(g) exercise internal disciplinary jurisdiction over the non-academic conduct of students, including the power to expel or suspend for cause;
(h) regulate the conduct of staff and other persons who use the property of the university college, including denying any person access to the property;
(i) borrow, in any fiscal year, money required to meet ordinary expenditures 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;
(j) subject to the limitations imposed by any trust, invest money belonging to the university college, or held by it in trust, in any kind of property, whether real, personal or mixed, but in doing so, it must exercise the judgement and care that a person of prudence, discretion and intelligence would exercise in administering the property of others;
(k) enter into agreements to further the university college's purposes, including agreements to develop and deliver joint academic programs described in clause 4(1)(e);
(l) establish and collect fees and charges for tuition, and for other services that may be offered by the university college or that may be approved by the Governing Council on behalf of the student's association, or any organization or group of the university college; and
(m) generally, do anything else that the Governing Council considers necessary or advisable to carry out the purposes of the university college.
The Governing Council may delegate any of its powers or duties — except the power or duty to make a by-law — to any committee of the Governing Council or any person.
Clause (1)(j) (power to invest money) does not preclude the university college from holding any type of security donated to it, or from carrying out the terms of a deed of trust.
The Governing Council must by by-law determine the procedure for electing the members of the Governing Council described in clause 5(1)(d), including
(a) establishing constituencies for each of the three positions; and
(b) for each constituency, establishing eligibility requirements for voting in, and being elected by, that constituency.
The Governing Council may make by-laws respecting the calling of its meetings and regulating the conduct of business at them, and generally, regulating the conduct of its business and affairs.
The Governing Council may make by-laws respecting the holding of its meetings by electronic means, including providing that a member who participates in a regular meeting of the Governing Council through electronic means is deemed to be present at the meeting for the purposes of this Act.
The Governing Council must ensure the by-laws of the university college are available to members of the public during the normal business hours of the university college.
The Governing Council must
(a) provide for the retention and control of all university college records;
(b) [repealed] S.M. 2010, c. 18, s. 4;
(c) publish an annual academic report that includes aggregate information respecting enrolment, attrition, graduation and graduate employment placement, in accordance with guidelines provided by the minister; and
(d) conduct an operational and organizational review at least every five years, in accordance with guidelines provided by the minister.
The Learning Council of the university college is established.
The members of the Learning Council are
(a) the chancellor and the president;
(b) a member of the Governing Council, appointed by that council;
(c) a member of the Council of Elders, appointed by that council; and
(d) other members provided for by by-law under subsection (3), who may be teaching staff, students, educational administrators and support staff of the university college.
The Governing Council must by by-law
(a) determine the size and composition of the Learning Council and the terms of office for members other than the chancellor and president;
(b) for members who are to be elected, provide for the way in which they are to be elected, which may include establishing constituencies, and for each constituency, establishing eligibility requirements for voting and being elected; and
(c) determine the way in which the Learning Council is to give advice to the Governing Council.
A majority of the members of the Learning Council must be teaching staff.
The Learning Council must select one of its members as chair, and must appoint the chair or another member to serve on the Governing Council.
The Learning Council is responsible for the academic policy of the university college.
The Learning Council is to advise the Governing Council, and the Governing Council must seek advice from the Learning Council, about the following matters:
(a) the mission, vision and values of the university college;
(b) and (c) [repealed] S.M. 2010, c. 18, s. 5;
(d) policies on the qualifications of teaching staff;
(e) the terms of an agreement to develop and deliver joint academic programs.
Without limiting subsection (1), the Learning Council may
(a) consider and determine the courses or programs to be offered;
(a.1) set criteria concerning
(i) qualifications for admission,
(ii) examinations and evaluations of student performance,
(iii) requirements for graduation, and
(iv) awards recognizing academic excellence;
(a.2) evaluate existing courses or programs;
(a.3) determine the degrees, honorary degrees, certificates and diplomas to be granted by the university college, and the persons to whom they are to be granted;
(a.4) establish faculty councils, school councils and other bodies within the university college, specify how they are to be constituted, and assign to them the powers and duties that the Learning Council determine;
(b) exercise internal disciplinary jurisdiction over the academic conduct of students, including the power to expel or suspend for cause;
(c) make rules and establish procedures for appeals by students on admissions and academic matters, and to establish a final appeal tribunal for these appeals; and
(d) determine curriculum content for courses leading to degrees, certificates and diplomas.
The Learning Council
(a) must at least annually determine the times and places for its regular meetings, and a procedure for calling special meetings;
(b) may make rules governing its practice and procedure;
(c) may appoint any standing and other committees that it considers necessary; and
(d) may delegate to any of its committees the power to investigate and report on any matter for which the Learning Council has responsibility.
COUNCIL OF ELDERS
The Council of Elders is established.
The Council of Elders is to promote an environment at the university college that respects and embraces Aboriginal and northern cultures and values. The Council of Elders is also to promote an understanding of the role of elders within the university college.
The Governing Council must by by-law determine
(a) the duties of the Council of Elders;
(b) the number of members of the Council of Elders, the method of selecting them, and their terms of office; and
(c) whether there are to be membership requirements relating to geographic representation, and if so, what those requirements are.
The Council of Elders must establish a process for appointing one of its members to serve on the Governing Council and the same or another member to serve on the Learning Council.
There is to be a chancellor of the university college elected by the Governing Council, the Learning Council and the Council of Elders at a joint meeting convened by the chair of the Governing Council.
The chancellor is to hold office for three years, and thereafter until a successor is elected. The chancellor may be re-elected.
If a vacancy occurs in the office of chancellor before the end of the term, a successor is to be elected to hold office for the remainder of the term.
The president is the vice-chancellor of the university college.
If the chancellor is absent or unable to act or if the office is vacant, the vice-chancellor has the powers and may perform the duties of the chancellor.
The chancellor is the titular head of the university college and is responsible for conferring all degrees, honorary degrees, certificates and diplomas on behalf of the university college.
The Governing Council must appoint a president of the university college.
The president is to be appointed for a term of up to five years, and is eligible for re-appointment.
The president is the chief executive officer of the university college and is to supervise and direct the academic and general administration of the university college, its students, teaching staff and other employees, and has any other powers and duties that may be conferred on or assigned to the president by the Governing Council.
Members of the Governing Council, Learning Council and Council of Elders may be reimbursed for their expenses incurred in discharging their duties.
Subject to a maximum amount established by the Lieutenant Governor in Council, members of the Governing Council appointed under clauses 5(1)(e) and (f) and members of the Council of Elders may be paid, as remuneration for services, amounts fixed by by-law of the Governing Council.
Payment of expenses and remuneration under this section must be made out of the funds of the university college.
The fiscal year of the university college ends on March 31 of each year.
The Auditor General, or another auditor appointed by the Lieutenant Governor in Council, must audit the accounts of the university college at least once a year and make a written report on the audit to the Governing Council and to the Lieutenant Governor in Council.
An examination for a degree, certificate or diploma to be conferred by the university college may be answered by the candidate in the English language, the French language or an Aboriginal language that has been specified by the Governing Council.
No action or proceeding may be brought against the minister, a member of the Governing Council, the Learning Council or the Council of Elders, or any officer or employee of the university college for anything done or not done, or for any neglect,
(a) in the performance or intended performance of a duty under this Act or a by-law made under this Act; or
(b) in the exercise or intended exercise of a power under this Act or a by-law made under this Act;
unless the person was acting in bad faith.
No action or proceeding may be brought against the minister, the university college, a member of the Governing Council, the Learning Council or the Council of Elders, or any officer or employee of the university college for anything done or not done, or for any neglect, by any of them with respect to the activity of a student, or by reason of anything done or not done, or for any neglect, by a student.
The employees of the university college are employees within the meaning of The Civil Service Superannuation Act.
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 Governing Council or to the university college established under this Act or to the Crown in right of Manitoba.
CONTINUATION OF KEEWATIN COMMUNITY COLLEGE
Keewatin Community College, as established by section 2 of the Colleges Establishment Regulation, Manitoba Regulation 39/93, is continued as the university college.
On the coming into force of this Act,
(a) every employee of Keewatin Community College is continued as an employee of the university college;
(b) all property, and interests in property, of Keewatin Community College is vested in the university college and may be dealt with by the university college 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 Keewatin Community College are vested in the university college, and the university college may deal with them in its own name;
(d) a by-law or resolution of Keewatin Community College that the university college has the authority to make is continued with the same effect as if it had been made under this Act; and
(e) all rights of action and actions by or against Keewatin Community College may be continued or maintained by or against the university college.
Wherever "Keewatin Community College" 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 college.
On the coming into force of this Act, The Keewatin Community College Student Association Inc. is continued as the students' association of the university college.
On the coming into force of this Act, the board of Keewatin Community College established under section 8 of The Colleges Act is dissolved.
TRANSITIONAL — INTERIM COUNCIL
An Interim Council of the university college is established, consisting of up to 15 members.
The Lieutenant Governor in Council is to appoint up to 12 members of the interim council, including a person to chair the interim council.
By resolution, the interim council
(a) must appoint the president — for a term of up to five years — as soon as practicable; and
(b) may appoint one or two more members to the interim council.
The president, upon being appointed, is a member of the interim council and remains on it for as long as he or she holds office.
The interim council has the duties and may exercise the powers of the Governing Council and the Learning Council set out in this Act.
Sections 22 and 26 apply, with necessary changes, to the interim council and its members.
On the coming into force of the sections set out in subsection 49(2), the interim council is dissolved and the term of each of its members ends.
Despite section 29, a student who becomes entitled to receive a certificate or diploma in a program in which he or she is enrolled at Keewatin Community College before the coming into force of this Act may elect to receive the certificate or diploma from Keewatin Community College, and, for that purpose, the university college may issue certificates or diplomas to such students in the name of Keewatin Community College.
NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.
CITATION AND COMING INTO FORCE
This Act may be referred to as chapter U55 of the Continuing Consolidation of the Statutes of Manitoba.
Subject to subsection (2), this Act comes into force on July 1, 2004.
Sections 5 to 9, 13 and 16 come into force on a day to be fixed by proclamation or on July 1, 2006, whichever occurs first.
NOTE: Sections 5 to 9, 13 and 16 of S.M. 2004, c. 16 came into force on July 1, 2006.
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