Bill 20 — The University College of the North Act (38th Legislature, 2nd Session)

Bill 20 (38-2)

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Home → Legislative Business → Bills → 38-2

Status of bills in this Session.

Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.

It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications .

Bill 20

THE UNIVERSITY COLLEGE OF THE NORTH ACT

Table of Contents

Explanatory Note

(Assented to )

WHEREAS an integrated college and university approach offers northern Manitoba greater access to the breadth of post-secondary education programming;

AND

WHEREAS providing post-secondary education in a culturally sensitive and collaborative manner is fundamental to the social and economic development of northern Manitoba;

AND

WHEREAS post-secondary education in northern Manitoba should be learner and community centred and characterized by a culture of openness, inclusiveness and tolerance and respectful of Aboriginal and northern values and beliefs;

AND

WHEREAS elders have a unique role in fostering that environment;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

DEFINITIONS

Definitions

The following

definitions apply in this Act.

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"teaching staff" means persons who teach or give instruction at the university college, and includes any other persons designated as teaching staff in the by-laws of the Governing Council. (« personnel enseignant »)

"university college" means the corporation established by

section 2. (« Collège universitaire »)

UNIVERSITY COLLEGE OF THE NORTH ESTABLISHED

Establishment

2(1)

The "University College of the North" is established as a corporation without share capital, consisting of the members of its Governing Council.

Corporations Act not to apply

2(2)

The Corporations Act does not apply to the university college.

PURPOSES AND POWERS

Purposes

The purposes of the university college are

(

a) to serve the educational needs of Aboriginal and northern Manitobans; and

(

b) to enhance the economic and social well-being of northern Manitoba;

by providing a broad range of educational opportunities.

Powers

4(1)

For its purposes, the university college may

(

a) provide post-secondary instruction and training;

(

b) grant degrees, honorary degrees, certificates and diplomas;

(

c) provide career counselling, basic education upgrading and literacy programs, as well as post-secondary transition and preparation programs for under-prepared students;

(

d) develop and deliver joint academic programs in conjunction with a university, another university college, a college or another accredited post-secondary institution; and

(

e) generally promote and carry out the work of an educational institution in northern Manitoba.

Capacity

4(2)

The university college has the capacity, rights and powers of a natural person for carrying out its purposes.

GOVERNING COUNCIL

Governing Council

5(1)

There is to be a Governing Council of the university college, consisting of not more than 20 members, as follows:

(

a) by virtue of office,

(

i) the chancellor, who is a non-voting member,

(ii) the president, and

(iii) a student of the university college selected by the students' association of the university college;

(

b) a representative of the Learning Council, appointed by that council;

(

c) a representative of the Council of Elders, appointed by that council;

(

d) up to three employees of the university college, elected in accordance with a by-law made under subsection 11(1);

(

e) one or two persons who are not employees or students of the university college, appointed by the Governing Council;

(

f) up to 10 persons appointed by the Lieutenant Governor in Council, at least two of whom must be students of the university college.

Aboriginal representation

5(2)

The Lieutenant Governor in Council must give due regard to the Aboriginal composition of northern Manitoba when appointing members under clause (1)(f).

Term of office

6(1)

A member of the Governing Council elected or appointed under clauses 5(1)(

b) to (

e) is to hold office for a term to be determined by by-law of the Governing Council, which may not exceed three years.

Term of L.G. in C. appointees

6(2)

A member of the Governing Council appointed by the Lieutenant Governor in Council is to hold office for up to three years, and continues to hold office until a successor is appointed.

Term of student members

6(3)

Despite subsection (2), a member of the Governing Council who is a student of the university college is to hold office for one year.

Further terms

6(4)

Each member of the Governing Council is eligible to hold office for a second term, but not for a further term until at least one year has elapsed since the end of his or her second term.

Vacancies

7(1)

The Governing Council must declare a vacancy on the council when

(

a) a member dies or resigns;

(

b) a member, other than a member described in clause 5(1)(a), fails to attend three consecutive meetings without the Governing Council's permission, which may be given retroactively; or

(

c) a membership is terminated under subsection (2) or (3).

Vacancy if member incapable

7(2)

If an elected or appointed member of the Governing Council becomes incapable of acting as a member, the Governing Council may so advise the body that elected or appointed the member, and that body may then terminate the membership and advise the Governing Council and the member that it has done so.

Vacancy if electing or appointing body terminates

7(3)

A body that has elected or appointed a member of the Governing Council may terminate the membership at any time by giving written notice to the member and to the Governing Council.

Filling vacancies

8(1)

When an elected or appointed member's position on the Governing Council is vacant, the Governing Council must notify the body that elected or appointed the member of the vacancy, and that body must promptly elect or appoint a successor to hold office for the remainder of the term.

If new appointment not made

8(2)

If the body does not elect or appoint a successor within 90 days after the Governing Council gives it notice, the Governing Council may itself appoint a successor, except where the member was appointed by the Lieutenant Governor in Council.

Remainder of term

8(3)

A successor's completion of another member's term shall not be considered a term of office for the purpose of subsection 6(4) (further terms).

Chair and vice-chair

9(1)

The chair of the Governing Council is to be selected by the minister, and the members of the Governing Council are to select a member to serve as vice-chair.

Duties of vice-chair

9(2)

If the chair is absent or unable to act, the vice-chair has the powers and may perform the duties of the chair.

Role of the Governing Council

10(1)

The Governing Council is responsible for governing and managing the affairs of the university college, and may

(

a) determine the mission, vision and values of the university college, in accordance with

section 3;

(

b) appoint the president and determine his or her term of office and remuneration;

(

c) engage teaching and other staff as required, and determine their duties, conditions of employment, and salaries and honoraria;

(

d) determine the administrative and academic organization of the university college;

(

e) determine which courses or programs are to be offered by the university college, subject to any directives issued under

section 21;

(

f) in accordance with the criteria established by the Learning Council,

(

i) determine all questions relating to qualifications for admission, and

(ii) approve the granting of degrees, honorary degrees, certificates and diplomas by the university college;

(

g) exercise internal disciplinary jurisdiction over the non-academic conduct of students, including the power to expel or suspend for cause;

(

h) regulate the conduct of staff and other persons who use the property of the university college, including denying any person access to the property;

(

i) borrow, in any fiscal year, money required to meet ordinary expenditures until the revenues for that fiscal year are available, and, with the approval of the Lieutenant Governor in Council, borrow money for any other purpose;

(

j) subject to the limitations imposed by any trust, invest money belonging to the university college, or held by it in trust, in any kind of property, whether real, personal or mixed, but in doing so, it must exercise the judgement and care that a person of prudence, discretion and intelligence would exercise in administering the property of others;

(

k) enter into agreements to further the university college's purposes, including agreements to develop and deliver joint academic programs described in clause 4(1)(d);

(

l) establish and collect fees and charges for tuition, and for other services that may be offered by the university college or that may be approved by the Governing Council on behalf of the student's association, or any organization or group of the university college; and

(

m) generally, do anything else that the Governing Council considers necessary or advisable to carry out the purposes of the university college.

Delegation

10(2)

The Governing Council may delegate any of its powers or duties — except the power or duty to make a by-law — to any committee of the Governing Council or any person.

Investments donated to the university college

10(3)

Clause (1)(j) (power to invest money) does not preclude the university college from holding any type of security donated to it, or from carrying out the terms of a deed of trust.

By-law — elections to Governing Council

11(1)

The Governing Council must by by-law determine the procedure for electing the members of the Governing Council described in clause 5(1)(d), including

(

a) establishing constituencies for each of the three positions; and

(

b) for each constituency, establishing eligibility requirements for voting in, and being elected by, that constituency.

By-laws — general

11(2)

The Governing Council may make by-laws respecting the calling of its meetings and regulating the conduct of business at them, and generally, regulating the conduct of its business and affairs.

By-laws — electronic meetings

11(3)

The Governing Council may make by-laws respecting the holding of its meetings by electronic means, including providing that a member who participates in a regular meeting of the Governing Council through electronic means is deemed to be present at the meeting for the purposes of this Act.

By-laws to be available

11(4)

The Governing Council must ensure the by-laws of the university college are available to members of the public during the normal business hours of the university college.

Duties of the Governing Council

The Governing Council must

(

a) provide for the retention and control of all university college records;

(

b) ensure that directives issued under

section 21 are complied with;

(

c) publish an annual academic report that includ

Document details

Collection	Manitoba — Bills
Citation	Bill 20 (38-2)
Type	bill
Volume / chapter	38 2 b020e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	59d32b121c46475e6e9e4e78e1026810ccf16046

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