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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE PAUL RAMSEY

MINISTER OF EDUCATION,

SKILLS AND TRAINING

BILL 30 – 1997

TECHNICAL UNIVERSITY OF BRITISH COLUMBIA ACT

Contents

Section

Definitions

Purposes

Technical University of British Columbia

Composition of the board of governors

Term of office on the board

Vacancies on the board

Meetings of the board

Powers and duties of the board

Chancellor

President

University council

Role of the university council

Program advisory committees

Term of office on program advisory committee

Role of a program advisory committee

Application of the University Act

Taxation

Protection against action

Offence Act

20-27

Consequential Amendments

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Definitions

1 In this Act:

"assembly" means the students, graduates, officers and teaching staff members of

the university;

"board" means the board of governors of the university;

"chair" means the chair of the board;

"chancellor" means the chancellor appointed under

section 9;

"president" means the president of the university;

"program advisory committee" means a program advisory committee referred to

section 13;

"program area" means a program area established under

section 8;

"student" means a person who is enrolled in a credit course at the university;

"teaching staff member" means a person recognized for the purposes of this Act by

the board as teaching, giving instruction or doing research on behalf of the

university;

"university" means the Technical University of British Columbia established by

this Act;

"university council" means the university council described in

section 11.

Purposes

2 The purposes of the university are

(

a) to offer certificate, diploma and degree programs at the undergraduate and

graduate levels in the applied, technological and related professional fields

that contribute to the economic development of British Columbia,

(

b) to conduct applied research and development,

(

c) to provide continuing education that responds to the needs of the applied,

technological and related professional fields,

(

d) to collaborate and cooperate with other post-secondary institutions,

business and labour respecting education and applied research and development, and

(

e) to create strong links with business and labour and develop programs that

are relevant to, and at the forefront of, industrial and professional initiative.

Technical University of British Columbia

(1) The Technical University of British Columbia is established as a corporation

composed of the assembly.

(2) The university has the powers and capacity of a natural person of full capacity.

(3) The university has the power to grant degrees in its own right and name and to

award certificates and diplomas established in accordance with this Act.

(4) The Company Act and the Society Act do not apply to the university, but the

Lieutenant Governor in Council may, by order, direct that the Company Act , the

Society Act or any provision of either apply to the university.

(5) The employees of the Technical University Society of British Columbia on the

coming into force of this Act continue as employees of the university.

Composition of the board of governors

4 The board of governors of the university is composed of

(

a) the chancellor,

(

b) the president,

(c) 2 teaching staff members elected by the teaching staff members,

(d) 8 persons appointed by the Lieutenant Governor in Council,

(e) 2 students elected by the students, and

(

f) an employee of the university who

(

i) is not a teaching staff member, and

(ii) is elected by the employees of the university who are not teaching

staff members.

Term of office on the board

(1) A member of the board elected under

section 4 (

c) or (

f) holds office for a term

of 2 years.

(2) A member of the board elected under

section 4 (

e) holds office for one year.

(3) The chancellor or president continues as a member of the board for as long as he

or she continues in office.

(4) Despite subsections (1) and (2) a member of the board elected under

section 4 (c),

(

e) or (

f) ceases to be a member of the board on ceasing to be, as circumstances

require,

(

a) a teaching staff member,

(

b) a student, or

(

c) an employee of the university who is not a teaching staff member.

(5) Despite subsections (1) and (2), but subject to subsection (4), a member elected

or appointed under

section 4 (c), (d), (

e) or (

f) continues in office until a successor

is elected or appointed.

Vacancies on the board

6 A vacancy on the board does not impair the authority of the remaining members of the

board to act.

Meetings of the board

(1) On the request of the majority of the board, the chair must call a meeting of the

board.

(2) A majority of the members of the board holding office constitutes a quorum for

the transaction of business.

(3) The chair has the same right of voting as the other members of the board, and, in

the case of an equality of votes for and against a motion, the chair must declare

the question resolved in the negative.

Powers and duties of the board

(1) Subject to this Act, the board has the duties and may exercise the powers of the

board of governors or senate of a university under the University Act except those

powers and duties given to the president by this Act.

(2) The board must

(

a) approve strategic program and research directions and policies, including

instructional program and research priorities, program objectives and

desirable learning outcomes, for the university in accordance with the

mandate of the university,

(

b) determine whether to establish, change or discontinue programs or program

areas of the university, and

(

c) at the request of the minister, provide the minister with reports and any other

information that the minister considers necessary to carry out the minister's

responsibilities respecting the university.

Chancellor

(1) The chancellor of the university is appointed by the board and serves for a term

of 3 years.

(2) A person appointed under subsection (1) is eligible for further appointments as

chancellor but must not hold the office for more than 6 consecutive years.

(3) The president is the vice chancellor.

(4) The chancellor may convene the assembly whenever appropriate for the purpose

of conferring degrees, including honorary degrees, awarding diplomas and certificates or for any additional purposes the board may specify.

(5) All degrees of the university are conferred by the chancellor.

President

(1) There must be a president of the university, who is its chief executive officer and

must generally supervise and direct the operation of the university, in a manner

consistent with policies established by the board, including the educational and

business affairs of the university and its teaching staff members and other

employees.

(2) Without limiting the generality of subsection (1), the president has power, in

consultation with the university council, as follows:

(

a) to establish educational and research plans in accordance with the board's

direction;

(

b) to make recommendations to the board for the establishment, change or

discontinuance of programs and program areas at the university;

(

c) to make recommendations to the board on academic and other qualifications

for admission of students to the university, including the recognition of

demonstrable competency.

(3) Without limiting the generality of subsection (1), the president has power to deal

with other matters delegated to the president by the board.

(4) The president may delegate a power under subsection (2) to the university

council.

(5) Sections 60, 61 and 62 (2) of the University Act apply to the president.

University council

(1) The university council is established and is composed of

(a) 4 teaching staff members elected by the teaching staff members,

(b) 2 students elected by the students,

(c) 2 employees of the university, appointed by the board, whose primary

responsibility is to provide administrative services in support of the

education or training offered by the university, and

(d) 4 members of program advisory committees who are elected by the

members of the program advisory committees of the university.

(2) The term of office of a member of the university council is

(a) 2 years, if elected or appointed under subsection (1) (a), (

c) or (d), and

(b) 1 year, if elected under subsection (1) (b).

(3) The president must appoint the chair of the university council from among the

members of the university council.

(4) A member appointed or elected under this

section continues in office until a

successor is appointed or elected.

(5) A vacancy on the university council does not impair the authority of the

remaining members of the university council to act.

Role of the university council

(1) The role of the university council is to consult with the president as described in

section 10 and to exercise the powers delegated to it under

section 10.

(2) The university council has the power and duty

(

a) to monitor the quality of programs, courses and student performance within

guidelines established by the board, and

(

b) to submit annual reports to the board on the activities of the university

council.

Program advisory committees

(1) A program advisory committee exists for each program area.

(2) A program advisory committee consists of

(

a) the head of the program area,

(

b) up to 7 representatives of business, labour, professional associations and

other educational institutions relevant to the program area,

(

c) up to 3 teaching staff members from the program area, and

(

d) up to 2 students from the program area.

(3) The board appoints the members of a program advisory committee under

subsection (2) (

b) to (d).

(4) A program advisory committee must each year elect its chair from among the

members appointed under subsection (2) (b).

Term of office on program advisory committee

(1) A member of the program advisory committee appointed under

section 13 (2) (

b) or (

c) holds office for a term of 3 years.

(2) A member of the program advisory committee appointed under

section 13 (2) (

d) holds office for a term of one year.

(3) The head of the program area, a teaching staff member or a student member of

the program advisory committee ceases to be a member of the program advisory

committee if he or she ceases to be head of the program area, a teaching staff

member or a student, as the case may be.

(4) Despite subsections (1) and (2), but subject to subsection (3), a member of the

program advisory committee continues in office until a successor is appointed.

Role of a program advisory committee

(1) The role of a program advisory committee is to make recommendations to the

head of the program area on the following as they apply to the program area:

(

a) courses of study and course content including additions, changes or modifications to courses of study or course content;

(

b) research initiatives, projects and plans;

(

c) funding opportunities for research and student scholarships;

(

d) cooperative education opportunities for students;

(

e) other matters as requested by the head of the program area.

(2) A program advisory committee must submit an annual report to the board on the activities of the program advisory committee.

Application of the University Act

16 Sections 30, 31, 33, 48, 50, 52, 53, 57, 58 and 70 of the University Act apply.

Taxation

17 The university is not liable to taxation except to the extent the government is liable.

Protection against action

(1) An action for damages because of anything done or omitted to be done in good

faith under this Act or the regulations,

(

a) in the performance or purported performance of any duty, or

(

b) in the exercise or purported exercise of any power,

may not be brought against a member of the board, university council, a program

advisory committee or a committee established by the board or against an officer

or employee of the university.

(2) Subsection (1) does not absolve the university from vicarious liability for

an act

or omission for which it would be vicariously liable if this

section were not in

force.

Offence Act

Section 5 of the Offence Act does not apply to this Act.

Consequential Amendments

College and Institute Act

Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended in the definition of "university" by adding the following paragraph:

(d.1) the Technical University of British Columbia established under the Technical University of British Columbia Act , .

Criminal Records Review Act

Section 7 (1) of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended in the

definition of "post secondary institution" by adding the following paragraphs:

(b.1) the Technical University of British Columbia,

(b.2) Royal Roads University, .

Freedom of Information and Protection of Privacy Act

Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended in the definition of "educational body" by adding the following paragraph:

(c.1) Technical University of British Columbia, .

Motor Vehicle Act

Section 21 (2) (

b) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the

following substituted:

(

b) by a person registered as a student at a university,

as defined in the University Act , the University of Northern British

Columbia Act , the Technical University of British Columbia Act

or the Royal Roads University Act , an institution, as defined in

the College and Institute Act , the agency as defined in the Open

Learning Agency Act , or the institute, as defined in the Institute of

Technology Act , for the period that the person is attending the educational

institution at which he or she is registered, .

Municipal Act

Section 611 (3) of the Municipal Act, R.S.B.C. 1996, c. 323, is amended by adding the

following paragraphs:

(a.1) the University of Northern British Columbia continued under the University

of Northern British Columbia Act ,

(a.2) Royal Roads University continued under the Royal Roads University Act ,

(a.3) the Technical University of British Columbia established under the

Technical University of British Columbia Act ,

(a.4) the Open Learning Agency continued under the Open Learning Agency Act ,

(a.5) the British Columbia Institute of Technology continued under the Institute

of Technology Act, .

Municipal Finance Authority Act

Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended in

the definition of "public institution" by adding the following paragraphs:

(e.1) the University of Northern British Columbia continued under the University

of Northern British Columbia Act ,

(e.2) Royal Roads University continued under the Royal Roads University Act ,

(e.3) the Technical University of British Columbia established under the

Technical University of British Columbia Act, .

Public Sector Employers Act

Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended in the

definition of "public sector employer" by adding the following paragraphs:

(d.1) Royal Roads University continued under the Royal Roads University Act ,

(d.2) the Technical University of British Columbia established under the

Technical University of British Columbia Act, .

University Act

Section 67 of the University Act, R.S.B.C. 1996, c. 468, is amended by adding the

following subsection:

(9) Despite subsection (2), the Technical University of British Columbia established

under the Technical University of British Columbia Act may grant degrees in its

own name in accordance with that Act.

Commencement

28 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

[Sections 20 to 27 amend the Revised Statutes of British

Columbia, 1996. The Revised Statutes of British Columbia, 1996 came into force

on April 21, 1997.]

This Bill establishes the Technical University of British Columbia to offer certificate,

diploma and undergraduate and graduate degree programs in applied, technological and related

professional fields.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada