Pontifical Institute of Mediaeval Studies Act, 2005, S.O. 2005, c. Pr10 - Bill Pr21
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An Act to incorporate
The Pontifical Institute of Mediaeval Studies
Assented to December 15, 2005
Preamble
The Pontifical Institute of Mediaeval Studies and The University of St. Michael’s College have applied for special legislation to incorporate The Pontifical Institute of Mediaeval Studies and to change the structure and powers of the Institute and its relationship to the University. The applicants represent that The Pontifical Institute of Mediaeval Studies was founded in 1929 as The Institute of Mediaeval Studies and was canonically erected as a Pontifical Institute on October 18, 1939 by decree of the Sacred Congregation of Seminaries and Universities of the Holy See. The applicants also represent that the Institute was established as a graduate school of research in theological studies in The University of St. Michael’s College pursuant to The University of St. Michael’s College Act, 1958 and that, as a consequence of changes being made to the governance of The University of St. Michael’s College, the Institute must become a corporation independent of The University of St. Michael’s College in order to retain its canonical status as a Pontifical Institute. The applicants represent that the Institute, though separately incorporated, will retain its connection to the University through affiliation.
It is appropriate to grant the application.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
“Basilian Congregation” means the Congregation of the Priests of St. Basil, a religious institute of consecrated life of the Roman Catholic Church;
“Institute” means The Pontifical Institute of Mediaeval Studies;
“Praeses” means the president of the Institute;
“University” means The University of St. Michael’s College.
Institute incorporated
2. (1) The Pontifical Institute of Mediaeval Studies is hereby constituted as a corporation without share capital and is composed of the members of its board of governors.
Continuation of by-laws, etc.
(2) Except as otherwise provided in this Act, the Institute Statutes and the by-laws, resolutions and appointments of the Institute Council in force immediately before this Act receives Royal Assent continue as Institute Statutes and by-laws, resolutions and appointments of the Institute Council until they are amended, repealed or revoked.
Definition
(3) In subsection (2),
“Institute Statutes” means the Statutes of the Institute approved from time to time by the Congregation for Catholic Education of the Holy See.
Objects
3. (1) The objects of the Institute are,
(a) to operate as a graduate school of research and theological studies;
(b) to conduct research in the thought, culture, writings and institutions of mediaeval society; and
(c) to promote knowledge of the Middle Ages by teaching and by scholarly publication.
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(2) The Institute shall carry out its objects in such a way as to retain its canonical status as a Pontifical Institute recognized by the Congregation for Catholic Education of the Holy See.
Affiliation
4. The Institute is affiliated with the University, subject to any agreement between the University and the Institute that provides otherwise.
Powers
5. (1) The Institute has the capacity and the rights, powers and privileges of a natural person, subject to the limits set out in this Act.
Power to grant licentiate and degrees in mediaeval studies
(2) The Institute may grant a licentiate in mediaeval studies and such degrees in mediaeval studies as the Institute may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000.
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(3) The Institute may grant honorary licentiates and degrees of the kind it is authorized to grant under subsection (2).
Board of governors
6. (1) The board of governors of the Institute shall be composed of:
1. The Praeses.
2. The Treasurer of the Institute.
3. The President of the University.
4. The chair of the Collegium of the University.
5. A Roman Catholic Bishop appointed by the Chancellor.
6. The chair of the Mediaeval Studies Foundation or his or her delegate.
7. The Superior General of the Basilian Congregation.
8. Four persons, not otherwise connected with the Institute, to be elected by the board in the manner provided by by-law of the board, for a term of four years.
9. Such number of students, alumni and administrative and non-administrative staff of the Institute, if any, as may be specified in the by-laws, to be selected in the manner and to serve for such terms as are provided in the by-laws.
Rotation
(2) The by-laws of the board may provide for the retirement in rotation of the members of the board described paragraphs 8 and 9 of subsection (1).
Chair
(3) The board shall elect a chair from among its members, but shall not elect the Praeses as chair.
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(4) The chair of the board may designate any other member of the board to assume any or all of the duties and powers of the chair in the chair’s place.
Transition
(5) The members of the Institute Council in office immediately before this Act receives Royal Assent shall act in the place of the board until the earlier of,
(a) the day on which the board is constituted in accordance with this Act; and
(b) the first anniversary of the day on which this Act receives Royal Assent.
Powers and duties of the board
7. (1) The board shall govern the affairs of the Institute.
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(2) The board has all the powers that are necessary or convenient to perform its duties and achieve the objects of the Institute.
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(3) Without limiting the generality of subsection (2), the board may,
(a) appoint a Praeses, subject to the approval of the Chancellor;
(b) establish and terminate programs and courses of study;
(c) appoint, promote, suspend and remove the administrative officers and staff of the Institute, on the recommendation of the Praeses and subject to the approval of the Chancellor;
(d) appoint, promote, suspend, remove and grant tenure and leave to faculty members and academic officers, on the recommendation of the Praeses and subject to the approval of the Chancellor;
(e) delegate such of its powers under clauses (c) and (d) as it considers proper to the Praeses or to another officer or employee of the Institute recommended by the Praeses;
(f) enter into agreements for the Institute to federate or affiliate with other institutions of higher learning;
(g) establish and collect fees and charges for tuition and for services of any kind offered by the Institute and collect fees and charges on behalf of any entity, organization or element of the Institute;
(h) receive and administer all gifts, legacies, devises, grants, subscriptions or donations made to or for the benefit of the Institute and its constituent parts;
(i) subject to the approval of the Superior General of the Basilian Congregation, purchase, acquire and hold, by gift, devise or otherwise, real and personal property, and grant, sell, mortgage, lease or otherwise dispose of real and personal property;
(j) apply all the property of the Institute, and the revenue of such property, for the advancement of the objects of the Institute, and invest and deal with the funds of the Institute not immediately required for its objects as it considers appropriate in its absolute discretion, subject to any trusts affecting such funds;
(k) expend sums for the erection, furnishing, maintenance and equipment of buildings that it considers necessary for the purposes of the Institute or its students.
Restriction
(4) The board shall not exercise its powers under clause (3) (a), (b), (d) or (f) until it has considered the recommendations, if any, of the Institute Council.
Annual audit
8. The board shall appoint one or more licensed public accountants to audit the accounts and transactions of the Institute at least annually.
Chancellor
9. (1) The Roman Catholic Archbishop of Toronto shall be the Chancellor of the Institute.
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(2) If the office of the Roman Catholic Archbishop of Toronto is vacant, the person who, in accordance with the provisions of canon law, is elected Vicar Capitular of the Archdiocese or is appointed Apostolic Administrator shall act as the Chancellor of the Institute.
Praeses
10. (1) The Praeses is the senior administrative officer of the Institute and is charged with the general oversight of the Institute as a whole under the direction and control of the board.
Duties
(2) Without limiting the generality of subsection (1), the Praeses shall,
(a) submit to the board an annual report on the activities of the Institute over the previous year and the academic and financial condition of the Institute;
(b) negotiate and review the contracts of the librarian, professors, lecturers, instructors, tutors, fellows, including junior fellows and associate fellows, officers, agents and employees of the Institute and its constituent parts, and, subject to any by-laws, rules or regulations, determine their remuneration and duties;
(c) perform any additional duties and functions assigned by the board.
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(3) Unless the Praeses otherwise provides, a person described in clause (2) (b) shall serve at the pleasure of the board.
Institute Council
11. (1) There shall be an Institute Council composed of the following persons:
1. The Praeses.
2. The President of the University.
3. The Treasurer of the Institute.
4. The Librarian of the Institute.
5. The Registrar of the Institute.
6. The fellows, including junior fellows and associate fellows, of the Institute.
7. Such number of students and alumni of the Institute, if any, as may be specified in the by-laws, to be selected in the manner and to serve for such terms as are provided in the by-laws.
Transition
(2) The members of the Institute Council in office immediately before this Act receives Royal Assent shall continue in office until the earlier of,
(a) the day on which the Institute Council is constituted in accordance with this Act; and
(b) the first anniversary of the day on which this Act receives Royal Assent.
Powers of the Institute Council
12. (1) Subject to the approval of the board, the Institute Council has the power to determine the academic policy of the Institute.
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(2) Without limiting the generality of subsection (1), the Institute Council may,
(a) make recommendations to the board with respect to the matters referred to in subsection 7 (4);
(b) determine the courses of study and qualifications for a licentiate in mediaeval studies and for such degrees in mediaeval studies as the Institute may be authorized to grant as described in subsection 5 (2), the curricula of all programs and courses of study, the standards for admission to and continued registration in the Institute and the qualifications for graduation;
(c) conduct examinations, appoint examiners and decide all matters relating to examinations.
Convocation
13. (1) Convocation for the conferring of licentiates and degrees in mediaeval studies shall be convened by the Institute Council.
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(2) The Chancellor or, in the Chancellor’s absence, the Praeses shall preside at Convocation.
Transfer of property to Institute
14. The University shall, on a date or dates to be determined by the University and the board, transfer to the Institute all real and personal property that is, before or after this Act receives Royal Assent, granted, conveyed, devised or bequeathed to the University for or for the benefit of the Institute.
Tax exemption
15. (1) Land vested in the Institute and land and premises leased to and occupied by the Institute are exempt from municipal and school taxes so long as the vested land or leased land and premises are used and occupied for the objects of the Institute.
Lessees, occupants not tax exempt
(2) Unless otherwise by law exempt, the interest of every lessee under a lease from the Institute and of every occupant other than the Institute of real property of the Institute is liable to taxation.
Commencement
16. This Act comes into force on the day it receives Royal Assent.
Short title
17. The short title of this Act is the Pontifical Institute of Mediaeval Studies Act, 2005.