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Explanatory Note

CHAPTER 13

An Act to establish Algoma University and to dissolve Algoma University College

Assented to June 18, 2008

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

CONTENTS

PART I
DEFINITIONS

1.

Definitions

PART II
ESTABLISHMENT

2.

3.

4.

5.

6.

7.

University established

Objects

Special mission

Powers

Degrees, etc.

Affiliation

PART III
BOARD OF GOVERNORS

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

Board of governors composition

Term of office

Loss of eligibility

Renewal of term

Vacancies

Quorum

Chair, vice-chair

Standard of conduct

Conflict of interest

Powers and duties of board

PART IV
SENATE

18.

19.

20.

21.

22.

23.

24.

Senate composition

Senate election

Term of office

Loss of eligibility

Renewal of term

Vacancies

Powers of senate

PART V
CHANCELLOR AND PRESIDENT

25.

26.

Chancellor

President

PART VI
ADMINISTRATION

27.

28.

29.

30.

31.

32.

Meetings open to public

By-laws available to public

Property

Investments

Borrowing

Audits and reports

PART VII
TRANSITION

33.

34.

35.

36.

37.

Dissolution of College

First board and senate

Algoma University College students

First by-laws

Transfer of property, obligations, contracts, etc.

PART VIII
AMENDMENTS

38.

39.

Amendments to section 6

Repeal of Schedule

PART IX
COMMENCEMENT AND SHORT TITLE

40.

41.

Commencement

Short title

Schedule

Degree programs offered at Algoma University College in affiliation with Laurentian University before the day section 6 comes into force

___________

PART I
DEFINITIONS

Definitions

1.  In this Act,

“Algoma University College” means the college incorporated as a non-share corporation, under the name Algoma College Association, by Letters Patent dated October 23, 1964 and amended by supplementary Letters Patent dated August 30, 1976 and November 2, 1990; (“Algoma University College”)

“board” means the board of governors of the University; (“conseil”)

“property” includes real and personal property; (“biens”)

“senate” means the senate of the University; (“sÚnat”)

“teaching staff” means professors, associate professors, assistant professors, lecturers, associates, instructors, tutors and all others employed to do the work of teaching or giving instruction and includes persons employed to do research at the University; (“corps professoral”)

“University” means Algoma University established under section 2. (“UniversitÚ”)

PART II
ESTABLISHMENT

University established

2.  (1)  A university to be known as Algoma University in English and UniversitÚ Algoma in French is hereby established.

Corporation without share capital

(2)  The University is a corporation without share capital and shall consist of the members of its board.

Conflicts

(3)  In the event of a conflict between a provision of this Act and a provision of the Corporations Act, the provision of this Act prevails.

Objects

3.  The objects of the University are the pursuit of learning through scholarship, teaching and research within a spirit of free enquiry and expression.

Special mission

4.  It is the special mission of the University to,

(a) be a teaching-oriented university that provides programs in liberal arts and sciences and professional programs, primarily at the undergraduate level, with a particular focus on the needs of northern Ontario; and

(b) cultivate cross-cultural learning between aboriginal communities and other communities, in keeping with the history of Algoma University College and its geographic site.

Powers

5.  The University has all the powers necessary and incidental to its objects.

Degrees, etc.

6.  The University may,

(a) grant bachelor degrees in those arts and sciences degree programs that Algoma University College offered as an affiliate of Laurentian University on the day before the day this Act comes into force and that are listed in the Schedule to this Act; and

(b) award certificates and diplomas, except post-graduate certificates and diplomas, in any and all branches of learning.

Affiliation

7.  The University may affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.

PART III
BOARD OF GOVERNORS

Board of governors composition

8.  (1)  There shall be a board of governors of the University, consisting of not less than 12 and not more than 30 members, as follows:

1. The president of the University, who shall be a member by virtue of office.

2. The chancellor of the University, if one is appointed, who shall be a member by virtue of office.

3. Three members appointed by the Lieutenant Governor in Council who shall not be a student, a member of the teaching staff nor a non-teaching employee of the University.

4. One person elected by the teaching staff from among themselves.

5. One student elected by the students of the University from among themselves.

6. One person elected by the non-teaching employees of the University from among themselves.

7. Such other persons as may be set out in the by-laws of the board who shall be appointed by the board, subject to subsection (3).

By-laws respecting elections

(2)  The board shall by by-law determine,

(a) the procedures to be followed in the election of members described in paragraphs 4 to 6 of subsection (1);

(b) the eligibility requirements for the election or appointment, as the case may be, to the board of members described in paragraphs 4, 5, 6 and 7 of subsection (1); and

(c) the number of persons to be appointed under paragraph 7 of subsection (1).

Limitation on board composition

(3)  At least 60 per cent of the members of the board shall be persons other than members of the teaching staff, non-teaching employees or students of the University.

Term of office

9.  (1)  Subject to subsection (2), the term of office for an elected or appointed member of the board shall be not more than three years, as determined by the by-laws of the board.

Same, student

(2)  The term of office for a member of the board who is a student shall be one year.

Loss of eligibility

10.  (1)  If, during his or her term of office, a member of the board elected or appointed under paragraph 3, 4, 5, 6 or 7 of subsection 8 (1) ceases to be eligible for election or appointment to the board under the same paragraph, he or she thereby ceases to be a member of the board.

Exception, student graduation

(2)  Despite subsection (1), if a student member of the board graduates during his term of office, he or she may continue to sit as a member of the board for the remainder of his or her one-year term.

Renewal of term

11.  (1)  A member of the board is eligible for reappointment or re-election.

Limitation

(2)  A person elected or appointed to the board under subsection 8 (1) may not be a member of the board for more than six consecutive years, but is eligible for reappointment or re-election after one year’s absence from the board.

Vacancies

12.  (1)  A vacancy on the board occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the board before the end of his or her term;

(b) a member is incapable of continuing to act as a member and the board by resolution declares the membership to be vacated; or

(c) the board by resolution declares a membership to be vacated for failure to attend sufficient meetings, as provided in the by-laws of the board.

Same

(2)  If a vacancy occurs on the board, the board shall,

(a) determine, in accordance with its by-laws, whether or not to fill the vacancy; and

(b) if the vacancy is to be filled,

(i) fill the vacancy within such time period as may be specified in its by-laws, and

(ii) appoint or elect the new member in accordance with the same procedures as applied to the appointment or election of the member being replaced.

Completion of term

(3)  The person who fills a vacancy under subsection (2) shall hold office for the remainder of the term of the member he or she is replacing.

Renewal of term

(4)  Despite subsection 11 (2), a person elected or appointed to the board under subsection (2) may be reappointed or re-elected upon the expiry of the term that he or she was elected or appointed to complete, but is eligible for further reappointment or re-election only after one year’s absence from the board.

Quorum

13.  A quorum of the board consists of a majority of its members and that majority must include at least half of the members who are not students, teaching staff or non-teaching employees of the University.

Chair, vice-chair

14.  (1)  The board shall elect annually a chair and at least one vice-chair from among its members who are not students, teaching staff or non-teaching employees of the University and shall fill any vacancy in the office of chair or vice-chair from among such members.

Duties

(2)  The chair shall preside over the meetings of the board and if the chair is unable to act or if the position is vacant, a vice-chair shall act in his or her place and, if both the chair and vice-chair are unable to act, the board may appoint a member who is not a student, teaching staff or non-teaching employee of the University to act temporarily in their place.

Standard of conduct

15.  Every member of the board shall exercise the powers and carry out the duties of his or her office diligently, honestly, in good faith, in the best interests of the University and in accordance with any other criteria set out in the by-laws of the board.

Conflict of interest

16.  (1)  A member of the board or of a committee created by the board who has a conflict of interest, as defined in the board’s by-laws or in any conflict of interest policies that the board may adopt, as the case may be, with a matter in which the University is concerned shall,

(a) declare his or her interest as soon as possible and no later than at the first meeting at which the matter is to be considered; and

(b) if required by the board’s by-laws or policies, withdraw from the meeting during the discussion of the matter and not vote on the matter.

Exception, employee

(2)  Despite subsection (1), a member of the board who is also a member of the teaching staff or a non-teaching employee of the University may take part in discussing and voting on issues concerning general conditions of employment for University employees, unless the discussion and voting deals with the circumstances of the particular employee as an isolated issue, separate and apart from consideration of other employees.

Exception, student

(3)  Despite subsection (1), a member of the board who is also a student may take part in discussing and voting on issues concerning students generally, unless such discussion and voting deals with the circumstances of the particular student as an isolated issue, separate and apart from consideration of other students.

Powers and duties of board

17.  (1)  Except for matters specifically assigned to the senate under section 24, the board is responsible for governing and managing the affairs of the University and has the necessary powers to do so, including the power,

(a) to determine the mission, vision and values of the University in a manner that is consistent with the objects and special mission of the University set out in sections 3 and 4;

(b) to appoint and remove a chancellor;

(c) to appoint and remove the president;

(d) to appoint, promote, suspend and remove members of the teaching staff and non-teaching employees of the University, subject to subsection (2);

(e) to fix the number, duties and salaries and other benefits of the teaching staff and of the non-teaching employees of the University;

(f) to appoint committees and assign or delegate to them such duties and responsibilities as may be provided in the by-laws adopted by the board, including authorizing them to act on behalf of the board in the matters specified in the by-laws;

(g) to approve the annual budget of the University and to monitor its implementation;

(h) to establish and collect fees and charges for tuition and other services that may be offered by the University or that may be approved by the board on behalf of any organization or group of the University;

(i) to regulate the conduct of students, staff and all persons who use the property of the University, including denying any person access to the property;

(j) to define, for the purposes of the by-laws adopted by the board, the following terms: staff, manager, professor, associate professor, assistant professor, lecturer, associate, instructor and tutor;

(k) to conclusively determine which body within the University has jurisdiction over any matter; and

(l) to make by-laws, resolutions and rules for the conduct of its affairs.

Limitation

(2)  The board shall not appoint, promote, suspend or remove a member of the teaching staff or a non-teaching employee of the University, except on the recommendation of the president of the University who shall be governed by the terms of any applicable commitments and practices of the University.

PART IV
SENATE

Senate composition

18.  (1)  There shall be a senate of the University, consisting of not more than 60 members, including the following members:

1. The following persons who are members by virtue of their office:

i. the president of the University,

ii. the dean of each faculty or, if a division or department is not part of a faculty, the chair of the division or department,

iii. the University registrar, and

iv. the University library director or chief librarian.

2. Four students elected by the students of the University from among themselves.

3. Such number of persons on the teaching staff, elected by the teaching staff from among themselves, as set out in senate by-laws, which number shall be at least twice the total number of all other members of the senate.

4. One person, other than the president of the University, appointed by the board from among the board members.

5. Such other persons as may be determined by senate by-law.

By-laws respecting elections

(2)  The senate shall by by-law determine,

(a) the procedures to be followed in the election of members of the senate;

(b) the eligibility requirements for the election or appointment, as the case may be, to the senate of members described in paragraphs 2, 3, 4 and 5 of subsection (1);

(c) the number of persons to be elected or appointed, as the case may be, to the senate under paragraphs 3 and 5 of subsection (1); and

(d) the constituencies for each of the groups referred to in paragraphs 2, 3 and 4 of subsection (1).

Senate election

19.  The senate shall conduct the election of its elected members and shall determine any dispute as to the eligibility of a candidate at such election or as to a person’s entitlement to vote at the election.

Term of office

20.  The term of office for an elected or appointed member of the senate shall be,

(a) not more than three years, as determined by the by-laws of the senate; or

(b) if a by-law referred to in clause (a) is not made, one year.

Loss of eligibility

21.  (1)  If, during his or her term of office, a member of the senate elected or appointed under paragraph 2, 3, 4 or 5 of subsection 18 (1) ceases to be eligible for election or appointment to the senate under the same paragraph, he or she thereby ceases to be a member of the senate.

Exception, student graduation

(2)  Despite subsection (1), if a student member of the senate graduates during his term of office, he or she may continue to sit as a member of the senate until the next anniversary of the day of his or her election.

Renewal of term

22.  (1)  A member of the senate is eligible for re-election or reappointment.

Limitation

(2)  A person elected or appointed to the senate may not be a member of the senate for more than two consecutive terms, but is eligible for reappointment or re-election after one year’s absence from the senate.

Vacancies

23.  (1)  A vacancy on the senate occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the senate before the end of his or her term;

(b) a member is incapable to continue to act as a member and the senate by resolution declares the membership to be vacated; or

(c) such circumstances as may be specified in a by-law of the senate exist.

Same

(2)  If a vacancy occurs on the senate, the senate shall,

(a) determine, in accordance with its by-laws, whether or not to fill the vacancy; and

(b) if the vacancy is to be filled, fill the vacancy within the time period, and according to the procedures, provided in the by-laws of the senate.

Completion of term

(3)  The person who fills a vacancy on the senate under subsection (2) shall hold office for the remainder of the term of the member he or she is replacing.

Renewal of term

(4)  Despite subsection 22 (2), a person elected or appointed to the senate under subsection (2) may be reappointed or re-elected upon the expiry of the term that he or she was elected or appointed to complete, but is eligible for further reappointment or re-election only after one year’s absence from the senate.

Powers of senate

24.  The senate has, subject to the approval of the board with respect to the expenditure of funds, the power to determine and regulate the educational policy of the University and, without limiting the generality of the foregoing, has the power,

(a) to make recommendations to the Board with respect to the establishment, change or termination of programs and courses of study, schools, faculties, divisions and departments;

(b) to advise the president of the University on the staffing needs of the academic departments;

(c) to appoint the faculty deans and the divisional or departmental chairs as may be required from time to time;

(d) to determine the curricula of all programs and courses of study, the standards of admission to the University and continued registration therein, and the qualifications for degrees, diplomas and certificates of the University;

(e) to conduct examinations, appoint examiners and decide all matters relating thereto;

(f) to hear and determine appeals from the decisions of the faculty councils on examinations and on applications for admission;

(g) to award fellowships, scholarships, bursaries, medals, prizes and other marks of academic achievement;

(h) to authorize the Chancellor, the vice-chancellor or such other person as may be determined by the senate, to confer degrees, honorary degrees, diplomas and certificates on behalf of the University in accordance with section 6;

(i) to create councils and committees to exercise its powers;

(j) to make by-laws for the conduct of its affairs, including by-laws respecting the conduct of the election of its members.

PART V
CHANCELLOR AND PRESIDENT

Chancellor

25.  (1)  The board may, in its discretion, decide to appoint a chancellor of the University.

Appointment committee

(2)  If the board decides to appoint a chancellor, it shall establish an appointment committee to make recommendations as to the person to be appointed chancellor.

Same

(3)  The appointment committee shall be composed of such members of the board and senate as may be determined by the by-laws of the board.

Appointment

(4)  The board shall take into consideration the recommendation of the appointment committee when appointing a chancellor.

Term of office

(5)  If appointed, the chancellor shall hold office for four years.

Reappointment

(6)  The chancellor may be reappointed for a further term but shall not be reappointed for more than two consecutive terms.

Vice-chancellor

(7)  If a chancellor is appointed under subsection (1), the president shall be the vice-chancellor of the University.

Duties

(8)  The chancellor is the titular head of the University and, when authorized by the senate to do so, shall confer all degrees, honorary degrees, certificates and diplomas on behalf of the University.

President

26.  (1)  There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2)  The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to him or her by the board.

PART VI
ADMINISTRATION

Meetings open to public

27.  (1)  Subject to subsection (2), meetings of the board and of the senate shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the board or senate.

Exclusion

(2)  The board or the senate, as the case may be, may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the board or senate.

By-laws available to public

28.  (1)  The by-laws of the board and of the senate shall be open to examination by members of the public during normal business hours.

Publication

(2)  The Board and the senate shall publish their by-laws from time to time in such manner as they consider proper.

Property

29.  (1)  The University may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the University, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Exemption from taxation

(2)  Land vested in the University and land and premises leased to and occupied by the University are exempt from provincial and municipal taxes and development charges, so long as the vested land or leased land and premises are actually used and occupied for the objects of the University.

Protection from expropriation

(3)  Land vested in the University is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this Act comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Deemed vesting in Crown

(4)  All property vested in the University shall be deemed to be vested in the Crown for the public uses of Ontario for the purposes of the Real Property Limitations Act.

Use of property

(5)  The property and the revenue of the University shall be applied solely to achieving the objects of the University.

Non-application

(6)  Section 8 of the Charities Accounting Act does not apply to the University.

Investments

30.  The funds of the University not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.

Borrowing

31.  The University, if authorized by the by-laws of the board, may, on such terms and in such amounts as the board may approve,

(a) borrow money and give security for money borrowed; and

(b) issue or give bonds, debentures and obligations as security.

Audits and reports

32.  (1)  The board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust funds and transactions of the University at least once a year.

Financial report

(2)  The University shall make a financial report annually to the Minister of Training, Colleges and Universities in such form and containing such information as the Minister may require.

Other reports

(3)  The University shall submit to the Minister of Training, Colleges and Universities such other reports as the Minister may require.

PART VII
TRANSITION

Dissolution of College

33.  Algoma University College is dissolved.

First board and senate

34.  (1)  Despite anything in this Act, the persons who were members of the board of governors and Senate of Algoma University College on the day immediately before the day this Act comes into force shall, on and after that day, constitute the first board and the first senate respectively of the University.

Duties of first board and senate

(2)  The first board and the first senate of the University shall, no later 12 months after the day this Act comes into force, appoint or elect such new members of the board and senate as are necessary in order to ensure that the board and senate are constituted in accordance with the requirements of this Act.

Rotating membership of board

(3)  Each new member of the board appointed or elected under subsection (2) shall hold office for one year, two years or three years, as determined by the board, and the term of office of each new member so appointed or elected may vary from one member to the next, as the board deems appropriate to ensure an effective succession of board members.

Reappointment, etc., to board and senate

(4)  Membership on the board of governors or Senate of Algoma University College before this Act comes into force, shall not be considered when determining whether a member of the first board or first senate of the University has exceeded the limitation specified in subsection 11 (2) or 22 (2) for purposes of re-election or reappointment.

Algoma University College students

35.  (1)  The University shall grant to all of its students and former students of Algoma University College full recognition for all credits and marks awarded by Algoma University College before the coming into force of this Act, whether the credits and marks were awarded directly by the college or by the college in affiliation with Laurentian University.

Choice of university

(2)  A student enrolled in Algoma University College immediately before the coming into force of this Act may elect on or before six months after the coming into force of this Act to retain the rights and privileges he or she had as a student at an affiliate of Laurentian University.

First by-laws

36.  The by-laws made by Algoma University College shall, in so far as they are not inconsistent with this Act and are capable of being applied, implemented or complied with in the administration of the University, shall remain in force until re-enacted, amended or repealed by the University under this Act.

Transfer of property, obligations, contracts, etc.

37.  (1)  On the day this Act comes into force, all property of Algoma University College is vested in the University and the obligations and liabilities of Algoma University College, together with the benefits and burdens of all its contracts, collective agreements and covenants are assumed by the University.

Same

(2)  For greater certainty, on and after the day this Act comes into force, all contracts, including employee benefits of every employee of Algoma University College are obligations of the University, and all appointments and tenure held by the employees of Algoma University College shall be deemed to have been granted by the University.

PART VIII
AMENDMENTS

Amendments to section 6

38.  (1)  Section 6 of this Act is repealed and the following substituted:

Degrees, etc.

6.  The University may,

(a) grant bachelor degrees in any arts or science program; and

(b) award diplomas and certificates, except post-graduate diplomas and certificates, in any and all branches of learning.

Same

(2)  Section 6 of this Act, as re-enacted by subsection (1), is repealed and the following substituted:

Degrees, etc.

6.  The University may,

(a) grant degrees, including honorary degrees, in any and all branches of learning; and

(b) award certificates and diplomas in any and all branches of learning.

Repeal of Schedule

39.  The Schedule to this Act is repealed.

PART IX
COMMENCEMENT AND SHORT TITLE

Commencement

40.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2)  Sections 38 and 39 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

41.  The short title of this Act is the Algoma University Act, 2008.

SCHEDULE
DEGREE PROGRAMS OFFERED AT ALGOMA UNIVERSITY COLLEGE IN AFFILIATION WITH LAURENTIAN UNIVERSITY BEFORE THE DAY SECTION 6 COMES INTO FORCE

1. Bachelor of Arts Accounting – general.

2. Bachelor of Arts Anishinaabemowin – general.

3. Bachelor of Science Biology – general.

4. Bachelor of Business Administration – specialized.

5. Bachelor of Arts Economics – general.

6. Bachelor of Arts Finance & Economics – specialized.

7. Bachelor of Arts Community Economic and Social Development – general.

8. Bachelor of Arts Community Economic and Social Development – specialized.

9. Bachelor of Arts Computer Science – general.

10. Bachelor of Science Computer Science – general.

11. Bachelor of Science Computer Science – specialized.

12. Bachelor of Computer Science – specialized.

13. Bachelor of Design – specialized.

14. Bachelor of Arts English – general.

15. Bachelor of Arts English – specialized.

16. Bachelor of Arts Fine Arts Studies – general.

17. Bachelor of Arts Fine Arts Studies – specialized.

18. Bachelor of Fine Arts – specialized.

19. Bachelor of Arts French – general.

20. Bachelor of Arts Geography – general.

21. Bachelor of Arts History – general.

22. Bachelor of Arts History – specialized.

23. Bachelor of Arts Information Technology – general.

24. Bachelor of Arts Italian – general.

25. Bachelor of Arts Law & Justice – general.

26. Bachelor of Arts Law & Justice – specialized.

27. Bachelor of Management Studies: Aviation – general.

28. Bachelor of Science Liberal Science – general.

29. Bachelor of Arts Mathematics – general.

30. Bachelor of Science Mathematics – general.

31. Bachelor of Arts Music – general.

32. Bachelor of Arts Philosophy – general.

33. Bachelor of Arts Political Science – general.

34. Bachelor of Arts Political Science – specialized.

35. Bachelor of Arts Psychology – general.

36. Bachelor of Arts Psychology – specialized.

37. Bachelor of Science Psychology – specialized.

38. Bachelor of Arts Sociology – general.

39. Bachelor of Arts Sociology – specialized.

40. Bachelor of Social Work – specialized.

Franšais

Explanatory Note

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