1996 BILL Pr3 Fourth Session, 23rd Legislature, 45 E lizabeth II THE LE GISLATIVE ASSE MBLY OF ALBE RTA BILL Pr3 EVANGEL BIBLE COLLEGE ACT MR. PHAM First Reading Second Reading C om m ittee of the W hole Third R eading R oyal A ssent

B ill Pr3 M r. Pham BILL Pr3 1996 E V A N G E L B IB LE C O LLE G E A C T (A ssented to , 1996) WHE RE AS E vangel Bible College proposes to carry on its endeavours together with other organizations who may from time to time agree to associate and cooperate with them under the name E vangel Bible College; and WHE RE AS a petition has been presented praying that it be enacted as hereinafter set forth and it is expedient to grant the prayer of the petition; THE RE FORE HE R MAJE STY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act (a) "Board" means the Board of Governors of the College; (b) "by-laws" means the by-laws of the College; (c) "College" means E vangel Bible College; (d) "property" includes real and personal property. Incorporation 2 Ron Leech, Don Mathieson, Jerome Lajuenesse and Karen Leech, all of the City of Calgary, and such other persons as are from time to time appointed to be members of the Board are 1

hereby incorporated under the name of "E vangel Bible College". Objects 3 The objects of the College are: (

a) to establish, maintain, conduct and support an educational institution for secondary and post-secondary Christian education in such fields as the Board may from time to time determine; (

b) to provide training for those preparing for work in the ministry of the Christian church; (

c) to promote the advancement of learning and the dissemination of knowledge, whether theoretical or practical, in the field of religious and other related studies; (

d) to further the intellectual, spiritual, moral, physical, social and cultural development of, as well as a community spirit among, its students, graduates, faculty and staff; (

e) to conduct in-service and continuing education programs, workshops, institutes and other specialized educational programs which may be considered by the Board to be conducive to the attainment of the objectives of the College; (

f) to cooperate or enter into association with other organizations having objectives and characteristics considered by the Board to be compatible with and conducive to the advancement of those of the College; (

g) to promote the betterment of society by the promulgation of the Gospel of Jesus Christ. Stock and rem uneration 4(1) The College is not organized for the purpose of pecuniary profit and shall have no capital stock

(2) No member of the College or of the Board is liable for the debts or other obligations of the College.

(3) All incomes and properties of the College shall be applied toward the furtherance of the objects of the College, and no portion of such income or property shall be paid, transferred or made 2

available directly or indirectly for the personal benefit of any member from time to time of the Board, except (

a) reasonable salary and other benefits which may be paid to one or more members of the Board who also may be an employee of, or an independent contractor providing services to, the College, provided such payments are made in respect of his or her services as such employee or independent contractor; (

b) reimbursement to members of the Board of reasonable out- of-pocket expenses which may be incurred in their attendance at meetings of, and their conduct of the business or activities of, the College and the Board.

(4) If upon the winding-up or dissolution of the College there remains, after satisfaction of all its debts, liabilities and obligations, any properties or assets whatsoever, the same shall not be paid or distributed generally among the members of the Board, but shall be paid or transferred to the organization or organizations referred to in

section 10. Powers of the College 5(1) The College has all the powers, privileges and immunities vested by law in a corporation by the laws of tire Province of Alberta and more particularly, but without limiting the generality of the foregoing, the College may (

a) establish and conduct a Christian college to afford instruction in the Bible, theology, education, arts and such other fields as the Board may from time to time determine; (

b) establish, maintain and operate one or more colleges, schools or training centres; (

c) cooperate or associate with any other person for the establishment and provision of programs, services and facilities; (

d) undertake and support research and education related to the objects of the College; (

e) provide financial and other assistance to charitable organizations that have objects similar to that of the College or that engage in activities to those in which the 3

College engages or has engaged; (

f) solicit, receive and hold gifts upon any trusts or conditions acceptable to the Board and administer gifts in accordance with any such terms and conditions; (

g) publish, produce and distribute books, pamphlets, films and other productions or media that relate to any matter pertaining to the objects of the College; (

h) acquire, hold and alienate any estate or interest in real or personal property; (

i) borrow money and give security for it; (

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

k) subject to the by-laws, invest in any manner it thinks fit the funds of the College that are not from time to time required for expenditure; (

l) lend its funds or guarantee the payment of debt; (

m) make such banking arrangements as are necessary for the purpose of its business and affairs; (

n) subject to the by-laws, form or establish one or more subsidiary foundations or organizations whose purpose is to assist the college in achieving its objects. Diplomas and degrees 6 The College may, upon recommendation of its faculty, confer upon graduates of the courses of study provided by the College (

a) diplomas or certificates; (

b) degrees in divinity. Head Office 7 The head office of the College shall be located in Alberta at the place specified in the by-laws. 4

Board of Governors 8(1) The business and affairs of the College shall be managed by a Board of Governors.

(2) The first members of the Board shall be those persons named in

section 2 who shall hold office until their successors are appointed at a meeting of the Board for that purpose, at which a new Board shall be elected by the members of the College in accordance with the by-laws.

(3) Subject to the by-laws, the Board may exercise its powers by resolution. By-laws 9 The Board may make by-laws respecting: (

a) the number of persons to constitute the Board from time to time; (

b) the election or appointment of the members of the Board and of the officers of the Board and their respective rights, powers, privileges and duties, including, without limitation, the stipulation of such restrictions upon the ability of paid officers or employees of the College to act as voting members of the Board as may be considered appropriate; (

c) the suspension and removal of members of the Board and of officers of the Board; (

d) the calling of meetings of the Board and of its committees and the conduct of business at those meetings; (

e) the plurality of the Board which may be required to pass a special resolution, and delineating any matters in respect of which a special resolution rather than an ordinary resolution of the Board may be required, provided that the approval of any such by-law provisions, and any amendment of them, shall itself require approval by a special resolution of the same stipulated plurality of the Board; (

f) the establishment of standing and special committees of the Board and their responsibilities; (

g) without in any way limiting the generality of the foregoing, the appointment of an executive committee of the Board 5

and delegation to that committee of any of the powers or duties of the Board other than the power to make by-laws; (

h) the establishment of the offices of the College, the appointment of persons to those offices, and the manner of specification of their duties, delegation of their powers, and fixing of their salaries and other benefits; (

i) the appointment and removal of the auditor of the College; (

j) any restriction on the activities in which the College may engage; (

k) subject to

section 7, the location of the head office of the College; (

l) the regulation of the investment of the funds of the College pursuant to

section 5(k); (

m) the transfer of the remaining property of the College in the course of winding-up of the College to (

i) one or more organizations, whether incorporated or not, with objects similar to that of the College or that engage in activities similar to those in which the College had engaged at any time prior to the commencement of the winding-up proceedings, or (ii) a foundation or other charitable organization, whether incorporated or not, either by way of gift or in trust such charitable purposes as are specified in the by­ laws; (

n) the regulation of the operations and affairs of the College. Winding-up 10 Notwithstanding anything in the B usiness C orporations A ct, in the event of the winding-up of the College (

a) if the by-laws referred to in

section 9 provide for the transfer of the property of the College upon the winding-up of the College, the liquidator shall transfer any remaining property of the College to the organization or organizations specified in the by-laws, in accordance with the by-laws, 6

(

b) if there are no by-laws in force of the nature referred to in

section 9 at the commencement of the winding-up proceedings, the liquidator shall (

i) unless and until any other church organization or educational institution has formally merged or amalgamated with, or has formally pooled or combined its assets or some portion thereof with, those of the College thereby making a capital contribution to the assets of the College, transfer any remaining property of the College to the E vangel Worship Centre and Missionary Society of Calgary, (ii) in any other case, transfer any remaining property of the College, subject to the approval of the Court of Queen's Bench (

A) to one or more organizations, whether incorporated or not, with objects similar to those of the College or that engage in activities similar to those in which the College had engaged at any time prior to the commencement of the winding- up proceedings, or (

B) to a foundation or other charitable organization, whether incorporated or not, either by way of gift or in trust for one or more charitable purposes. 7 Title: 1996 (23rd, 4th) Bill Pr3, E vangel Bible College Act