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The Universities Establishment Act
This is an unofficial archived version of The Universities Establishment Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. U40

The Universities Establishment Act

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

Establishment of universities.

1

The Lieutenant Governor in Council may, of his own volition, or upon petition in writing from a college mentioned in section 56 of The University of Manitoba Act, establish that college as a university to be continued as a body corporate under such name as may be set out in the order in council.

Corporate powers.

2

A university established under this Act may,

(a) establish and maintain such colleges, schools, institutes, faculties, departments, chairs, and courses of instruction, as to the board of governors, may seem meet;

(b) give instruction and training in all branches of knowledge and learning, including physical instruction and training;

(c) grant degrees, including honorary degrees, diplomas and certificates of proficiency ;

(d) provide facilities for the prosecution of original research in every branch of knowledge and learning and conduct and carry on such research work; and

(e) generally, promote and carry on the work of a university in all its branches.

Power with respect to property.

3

In addition to the powers, rights, and privileges, conferred upon and vested in corporations by The Interpretation Act, a university established under this Act may,

(a) acquire, take, accept, and receive by grant, purchase, lease, gift, devise, bequest, or otherwise howsoever, any and all property, both real and personal, of every nature and kind whatsoever, as the board may deem advisable for the purposes of a university established under this Act, and for such uses and purposes possess, hold, and use and enjoy it;

(b) sell, exchange, lease, mortgage, hypothecate, pledge, or otherwise deal with or dispose of, all or any of its real or personal property and any right, title, or interest, it may have in, to, or out of it, and make and execute all instruments and documents and do all acts, matters, or things, requisite or necessary to carry the same into effect;

(c) invest all or any sums of money belonging to it, or held by it in trust, in any investment in which The University of Manitoba is permitted to invest;

(d) acquire, take, and hold, all property, both real and personal, that is bona fide mortgaged, hypothecated, or pledged, to it by way of security, or conveyed to it in satisfaction of debts previously contracted, or purchased at judicial sales upon levy for the indebtedness, or otherwise purchased or acquired for the purpose of avoiding or reducing a loss to the university in respect thereof or of the owner thereof;

(e) erect and construct all such buildings as the board may deem necessary or convenient for the purposes of the university; lay out grounds for any university purposes; maintain and keep in proper order and condition, and alter, repair, renovate, and improve, all such grounds and all university buildings, with their appurtenances; and expend the money required for any of those purposes, and for the furnishing and equipment of university buildings;

(f) borrow all sums of money that may, in any year, be required to meet the ordinary expenditures of the university until the revenues for the then current fiscal year are available; and, with the approval of the Lieutenant Governor in Council, borrow money for any other purpose;

(g) draw, make, accept, endorse, execute, and issue promissory notes, bills of exchange, bills of lading, warrants, and other negotiable or transferable instruments;

(h) enter into any arrangement with any authorities, public, private, governmental, municipal, local, or otherwise, that the board may deem conducive to the attainment of the purposes and objects of the university, or any of them, and obtain from any such authority any rights, privileges, and concessions, that the board may think it desirable to obtain, and carry out, exercise, and comply with, any such arrangements, rights, privileges, and concessions;

(i) with the approval of the Lieutenant Governor in Council, enter into any arrangement with any governmental authority in Canada with respect to affording assistance to any college or university outside Canada by means of supplying teaching staff, supervising staff, or otherwise, subject only to the arrangement providing for indemnification by such authority of any financial outlay made by the university pursuant to such arrangements;

(j) purchase or otherwise acquire any invention or any interest therein, or any rights in respect thereof, or any secret or other information as to any invention and apply for, purchase, or otherwise acquire, any patents, interest in patents, licences, and the like, conferring any exclusive or non-exclusive or limited right to make or use or sell any invention or inventions; and use, exercise, develop, dispose of, assign, or grant licences in respect of, or otherwise turn to account the property rights or information so acquired; and generally possess, exercise, and enjoy, all the rights, powers, privileges, that the owner of an invention or any rights in respect thereof, that the owner of a patent of invention or of any rights thereunder, may possess, exercise, and enjoy;

(k) apply for, purchase, or otherwise acquire, any trade marks or trade names, and the like or any interest therein, and use, dispose of, assign, or otherwise turn to account, the trade marks, trade names, and interests, so acquired; and generally possess, exercise, and enjoy, all the rights, powers, and privileges, that the owner of a trade mark or trade name or the like may possess, exercise, and enjoy;

(l) apply for, purchase, or otherwise acquire, any copyright or like right or any interest therein or right thereunder, and use, exercise, develop, dispose of, assign, or grant licences in respect of, or otherwise turn to account, any copyright or like right or any interest or right so acquired; and generally possess, exercise, and enjoy, all the rights, powers, and privileges, that the owner of a copyright or like right or of any interest therein or right thereunder may possess, exercise, and enjoy;

(m) enter into agreements with any incorporated society or association in the province for the establishment and maintenance of a joint system of instruction;

(n) enter into agreements with any incorporated society or association in the province that has power to prescribe examinations for admission to, or registration upon the roll of, the society or association, conduct the examinations, report the results thereof, prescribe courses of study therefor, and conduct classes of instruction in connection therewith;

(o) enter into agreements with any incorporated college or university for the instruction of students registered in the college in one or more of the faculties of the university, the conduct of the examination of the students in courses taken in a faculty of the university, and the use of the facilities of the university by those students;

(p) provide for representation on the senate of any faculty or school hereafter established in the university, and fix the number of representatives;

(q) pay money, directly or indirectly, as contributions towards pensions, annuities, retiring allowances, and gratuities, for employees of the university upon such terms and conditions as the board may from time to time prescribe;

(r) select and make use of a coat of arms and crest for the university;

(s) to do all such other things as the board may think incidental or conducive to the attainment of the purposes and objects and the exercise of the powers of the university.

Assets and liabilities.

4

Where a college is established as a university under this Act,

(a) all property, real or personal, rights, credits and causes of action, and all interests therein, belonging to or standing in the name of the college immediately prior to the establishment of the university, or to which the college may thereafter become entitled, continue to be vested in, or become the property, rights, credits, or causes of action, of, the university and may, without any further act, conveyance, or documents, other than this Act, be transmitted to and placed in the name of the university;

(b) the university may exercise all the powers, rights and privileges which the college could have exercised immediately prior to the establishment of the university; and

(c) all debts, liabilities and charges of every kind and description of and against the college immediately prior to the establishment of the university continue as debts, liabilities and charges of or against the university.

Repeal of Acts of incorporation.

5

On the date of establishment of a college as a university under this Act, the Act of the Legislature incorporating the college, and any Act incorporating any predecessor of the college whose incorporation was continued as or merged with the college, is repealed; but the Lieutenant Governor in Council may grant to or impose on the university any power, right, privilege, limitation or restriction, granted to or imposed on the college by any such Act.

Appointment of board.

6

The order in council establishing a university under this Act shall

(a) provide for the nomination and the appointment of a board of governors for the university;

(b) set out the qualifications of persons eligible for appointment to the board;

(c) fix the term of office of members of the board;

(d) provide for the filling of vacancies on the board;

(e) set out the powers and duties of the board generally;

(f) provide for the remuneration of the members of the board;

(g) provide for the appointment of a president, chancellor and other officers of the university;

(h) provide for the appointment and composition of an academic body of the university as a senate of the university;

(i) provide for the appointment of the presiding and other officers of the senate;

(j) fix the term of office of members of the senate;

(k) provide for the filling of vacancies on the senate;

(l) set out the powers and duties of the senate generally;

(m) fix the term of office of the chancellor and set out his powers and duties generally; and

(n) fix the fiscal year of the university.

Convocation.

7

Convocation shall consist of the president, the chancellor, the members of the board of governors, the members of the senate, and all the graduates of the university.

Powers of convocation.

8

Convocation may

(a) provide for the regulation and conduct of its meetings and proceedings;

(b) elect a member to serve as presiding officer in the absence of the president; and

(c) consider all questions affecting the interests and well-being of the university, and make representations thereon to the board or to the senate.

Annual meeting.

9

The regular annual meeting of convocation shall be held on the day fixed by the senate for the annual public conferring of degrees immediately at the close of the meeting at which the degrees are conferred.

Other meetings.

10

Convocation shall also meet at such times and places, and on such notice, as may be fixed by convocation by regulation in that behalf, and when convened by the president.

Presiding officer at convocation.

11(1)

The president, or the person elected under clause 8(b), shall be the presiding officer at all meetings of convocation.

Clerk and secretary.

11(2)

The registrar shall be the clerk and secretary of convocation.

Minutes.

12

A true copy of the minutes of the proceedings of every meeting of convocation shall be transmitted without unnecessary delay to the board and to the senate.

Vice-chancellor.

13

The president of a university established under this Act is, ex officio, vice-chancellor, thereof, and in case of the absence or disability of the chancellor, or of there being a vacancy in the office of chancellor, the vice-chancellor possesses all the powers and shall perform all the duties pertaining to the office of chancellor.

Restriction on compulsory religious examinations.

14

A university established under this Act shall not impose on any person any compulsory religious examination or test, or cause or suffer to be done anything that would render it necessary or advisable, with a view to academical success or distinction, that any person should pursue the study of any materialistic or sceptical system of logic or mental or moral philosophy.

Examinations either in English or French.

15

The examination for any degree to be conferred by a university established under this Act may be answered by the candidate in either the English or French language.

Limitation of liability of members.

16(1)

No member of the board of a university established under this Act is personally liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by that member of the board in the execution of his office or pursuant to, or in the exercise or supposed exercise of, the powers given to the board or to any member thereof.

Expropriation prohibited.

16(2)

No expropriation proceedings in respect of any real property vested in a university established under this Act shall be taken by any person other than the Crown.

Limitation of liability of university.

16(3)

No action or proceedings shall be brought against a university in respect of any act or omission of a member of the board thereof unless the act or omission would, apart from this section, have given rise to a cause of action against that member.

University or board not liable for acts of students.

17

Neither a university established under this Act, nor the board, nor the senate, nor any member of the board or senate, of the university, nor any officer or servant of the university, is liable by reason of any act or omission of them, or of any of them, in respect of any activity of students or on account of any act or omission of any student or students.

Exemption from taxation.

18

A university established under this Act, and all property, real and personal, owned by, or held for the use of, the university is exempt from taxation imposed by a municipality or a school division, school area, a school district; but the exemption of lands and buildings from taxation does not apply to such lands and buildings, if any, thereon owned by the university that are not directly used for educational purposes or that are revenue bearing; but taxes are not payable by the university on any parcel of land in excess of the net revenue arising therefrom in the year of taxation.

Corporations Act does not apply.

19

The Corporations Act does not apply to a university established under this Act.