Algoma University Act, 2008 Milloy, Hon. John Minister of Training, Colleges and Universities — Bill 80 (39th Parliament, 1st Session)

Bill 80, 39-1

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Bill 80, Algoma University Act, 2008

Milloy, Hon. John Minister of Training, Colleges and Universities

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[39] Bill 80 Royal Assent (PDF)

Bill 80 2008

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

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

Definitions

PART II

ESTABLISHMENT

University

established

Objects

Special

mission

Powers

Degrees,

etc.

Affiliation

PART III

BOARD OF GOVERNORS

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

Senate

composition

Senate

election

Term

of office

Loss

of eligibility

Renewal

of term

Vacancies

Powers

of senate

PART V

CHANCELLOR AND PRESIDENT

Chancellor

President

PART VI

ADMINISTRATION

Meetings

open to public

By-laws

available to public

Property

Investments

Borrowing

Audits

and reports

PART VII

TRANSITION

Dissolution

of College

First

board and senate

Algoma University College students

First

by-laws

Transfer

of property, obligations, contracts, etc.

PART VIII

AMENDMENTS

Amendments

section 6

Repeal

of

Schedule

PART IX

COMMENCEMENT AND

SHORT TITLE

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; ("sénat")

"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.

("Université")

Part

Establishment

University

established

(1) A

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

(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

(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

(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

(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

(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

(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

(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

(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 teachi

Document details

Collection	Ontario — Bills
Citation	Bill 80, 39-1
Type	bill
Volume / chapter	p39 s1 bill 80 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0127fe17aa1d8229c45dc0571c9c444fa521280b

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