Bill 77 (Legislature 15, Session 3)

L15 S3 1383

Alberta — Bills

No. 77 3rd Session, 15th Legislature, Alberta 14 Elizabeth II BILL 77 A Bill respecting Provincial Universities HON. MR. McKINNON Printed by L. S. WALL, printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Explanatory Note 1. This Bill will repeal and replace

chapter 351 of the Revised Statutes. The Bill is based on the recommendations of the Govern ors of the University of Alberta as set out in their report. The main purpose of the Bill is to establish two separate Provincial uni- versities-the University of Alberta and the University of Calgary and to reorganize university administration. Provision is also made for the establishment of additional universities. In addition a Universities Commission is established to act as an intermediary between the universities and the Government and to exercise cer tain regulatory functions with respect to the universities.

The references in the explanatory notes to the clauses are to the recommendation in the Governors' report and the

section in the present Act dealing with the same subject matter. 2.

Definitions. 3. Establishment of the universities. Recommendation A (1) . Present

section 3. 4. Visitor of the universities. Recommendation J (1). Present

section 71.

BILL

An Act respecting Provincial Universities (Assented to , 1966) HER MAJ~STy, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta enacts ~s follows: ' 1. This Act may be cited as "The Universities Act". 2. In this Act, (a) "~lumni association" means an association recog nIzed '~y the board of a university as being repre sentatIve of the graduates of the university; (b) "board" means the governors of a university incor porated or continued by or under

section 13; (c) "university" means a Provincial university estab lished -or contiiuiedby or under

section 3; (d) "Universities Commission" means the body by that name established by

section 62; (e) "Universities Co-ordinating Council" means the body by that name established by

section 58.

PART 1 PROVINCIAL UNIVERSlnES 3.

(1) The Provincial university heretofore established under the name of the University of Alberta is hereby con tinued as 'a Provincial univers1ty with the name "The Uni versity of Alberta" but, except as provided in

section 76, it shall not include the Provincial university facilities, oper ations and functions at Calgary or Banff which are hereby constituted a separate Provincial university with the name "The University of Calgary".

(2) The Lieutenant Governor in Council may, from time to time, establish such additonal Provincial universities as he thinks necessary or desirable in the public interest, with such names as he considers fitting. 4. The Lieutenant Governor is the Visitor of each univer sity, with authority to do all those acts which pertain to Visitors.

5. Each university to have a chancellor. Recommendation K (1) (4). Present

section 45. 6. Term of office of chancellor. Recommendation K (2). Present

section 46. 7. Vacancy in office of chancellor. Recommendation K (3). Present

section 49. 8. Each university to have a senate. Recommendation F (1) (2). Present

section 31 (1). 2

Chancellor and Senate 5.

(1) For each university there shall be a chancellor who shall be elected by the senate.

(2) In addition to his other functions under this Act the chancellor shall preside over all degree conferring ~ere monies of the university and shall confer the degrees. 6.

(1) A chancellor holds office for a term of four years and is not eligible for re-election as chancellor.

(2) Where the senate is satisfied that a person is, for any reason, no longer capable of acting as chancellor or of fulfilling his duties, the senate may remove him from office. 7.

(1) Where the office of chancellor becomes vacant, the senate shall, promptly, elect a new chancellor.

(2) Where the office of chancellor is vacant or the chancellor is absent or unable to act, the president, as vice chancellor, may exercise all the functions of the chancellor.

(3) Where the chancellor and the vice-chancellor are ab sent or unable to act or where the offices are vacant, the deans' council may designate some person to exercise the chancellor's functions at degree conferring ceremonies. 8. For each university there shall be a senate consisting of ~ • 'I I ., I'f.'; I· 2 (

a) the following ex officio members, (

i) the chancellor, who shall be chairman, (ii) the president, (iii) the vice-president (academic), (iv) the chief academic officer for student affairs, (

v) the director of extension, or if none, the officer exercising comparable functions, (vi) the president and vice-president of the alumni associa tion, (

b) the following appointed members, (

i) two deans, to be appointed by the deans' coun cil, (ii) two members of the board, to be appointed by the board, (iii) three members of the general faculty counc!l, to be appointed by the general faculty councIl, (iv) two members of the alumni association, to be appointed by the association, (

v) five members of the public, to be appointed by the Universities Commission, (vi) two students, to be appointed by the students' council, and

9. Term of office of senate members. Recommendation F (1) (3) (4). Present sections 31 (1), 32. 10. Finding of senate. Recommendation F (6). 3

(

c) thirty ~epresentative members, to be elected by the ex .offww and app?in~d !llembers to represent affIlIated colleges or InstItutIOns, geographical areas and gr.oups. and organizations with an interest in the unI verSI ty. 9.

(1) An appointed member of a senate other than a student, holds off!ce for a term of three years' and a student member holds ?fflCe for a term of one year, but all appointed members are, If otherwise qualified, eligible for re-appointment.

(2) A representative member holds office for a term of three years and is eligible for re-election for a second term of three years but not for further re-election.

(3) Where a senate is satisfied that an appointed or repre~entative member is, for any reason, no longer capable of actIng as a member or of fulfilling his duties, the senate may remove the member from office. ( 4) Where a vacancy exists, (

a) if the vacancy is in respect of an appointed member, the body having the power of appointment may appoint a person to fill the vacancy, and (

b) if the vacancy is among the representative mem bers, the ex officio and appointed members may elect a person to fill the vacancy, in each case for the remainder of the unexpired term of office.

(5) Notwithstanding subsection (1) or (2), on the first appointments and elections after the commencement of this Act, members may be appointed or elected to hold office for one year or two year terms as the circumstances require so as to provide an orderly change in membership in the senate. 10.

(1) It is the duty of a senate to inquire into any matter that might tend to enhance the usefulness of the university.

(2) In particular but without restricting the generality of subsection (1), a senate is empowered to (

a) require a report on any matter from any faculty or school council and the students' council and any member of the academic staff of the university, (

b) receive and consider submissions from anyone inter ested in the university, and (

c) arrange for public meetings, radio and television programs and such other means of acquiring. and providing information with resp~ct to the unlyer sity and its functions as it conSIders approprIate, and in consequence thereof make such report and recom mendations as it considers advisable to the board or the general faculty council or to the Unive~sities Commission or the Universities Co-ordinating CounCIl. 3

II. Honorary degrees. Recommendation F(7) (b). 12. Administration of senate. Recommendation F (5) and (8). 13. Board of governors for each university. Recommendation D (1) and (2) in part. Present sections 11 to 13. 14. Qualifications and term of office of .governors. Recommen dation D (2) in part, (3), (4) and (5). Present sections 14 and 17. 4

11. An honorary degree may be conferred upon a per son on the authorization of the senate. 12.

(1) There shall be an executive committee of the senate consisting of the chairman and six other members of the senate to be selected annually by the senate which shall exercise such powers, duties and functions' as may be assigned to it by the senate.

(2) Each year a senate may submit a budget to the board for approval and the board shall, in accordance with the approved budget, provide the senate with the funds required to meet the cost of staff and supplies and such other expenses as may be incurred by the senate in fulfilling its duties. Board of Governors 13.

(1) The body heretofore incorporated under the name "Governors of the University of Alberta" is hereby continued as a corporation wilth the name "The Governors of The University of A1berta" and as the hoard of The Uni versity of Alberta.

(2) There is hereby created a corporation with the name "The Governors of The University of Calgary" which shall be the board of The University of Calgary.

(3) When the Lieutenant Governor in Council establishes an additional Provincial university under

section 3, he shall also, by the order, incorporate a board for the university with such name as he considers appropriate. (4) 'The board of each university shall consist of (

a) a chairman of the board appointed by the Lieuten- ant Governor in Council, (

b) the chancellor of the university, (

c) the president of the university, and (

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

i) two of whom shall be members of the alumni association of the university, nominated by the association, (ii) one of whom shall be a member of the senate, nominated by the senate from its members who are not on the staff of the university, and (iii) two of whom shall be members of the academic staff of the university, nominated by the gen eral faculty council.

(5) The members of a board may elect one of their o"'Yn number to be acting chairman in the absence of the chaIr man or in the event of the chairman's inability to act. 14.

(1) A person is not eligible f~r ap'p?intment ~~ a member of a board unless he is a CanadIan CItizen or BrItish subject and is a resident of the Province. .

(2) A person appointed a member of a board holds ?ffiCe for a term of three years, or until his successor is apPOInted. 4

15. General powers of the governors of a university. Recom mendation D (7), (8) and 0 (1) to (4). Present

section 23 and

section 25 in part,

section 66. 5

(3) A member is eligible for re-appointment for a second term of .thr~e years, but.not for a further appointment until the expIratIon of a perIOd of three years after his second term has ended.

(4) Notwithstanding subsection (3), (

a) the chairman for the time being is always eligible for re-appointment on the conclusion of his term of office, and (

b) any member of a board is eligible for appointment as chairman though he has, at the time of his appointment concluded two terms of three years each as a member of the board.

(5) Where a board advises the Lieutenant Governor in Council that an appointed member is, for any reason, no longer capable of acting as a member or of fulfilling his duties, the Lieutenant Governor in Council may terminate the appointment of the member.

(6) Where a vacancy occurs among the appointed mem bers of a board, the Lieutenant Governor in Council may appoint a person to fill the vacancy for the remainder of the unexpired term of office. General Powers 15.

(1) Except as otherwise provided in this Act, a board has the management and control of the university and of the property, revenues, business and affairs thereof and in particular but without restricting the generality of the foregoing a board is empowered (

a) after consideration of the recommendations of the general faculty council, if any, on matters of academic import, to provide for (

i) the suppor,t and maintenance of the university, (:ii) the betterment of existing buildings, (iii) the erection of such new 'buildings as the board considers necessary for the purposes of the university, and (iv) the furnishing and equipment of such existing and newly erected buildings, (

b) to make such regulations as to the board seem fit for the management, government and control of the university buildings and lands, (

c) after consideration of the recommendations of the general faculty council, if any, to provide for the establishment of faculties, schools, departments, chairs programs of instruction and such other activities as the board considers necessary and ad vantageous, (

d) to determine subject to the approval of the Univer sities Commission, fees for instruction. and deter mine such other fees as the board consIders neces- sary, 5

16. Settlement of questions. Present

section 30. 6

(

e) to l!lake regulations relative to the physical exami natIOn of the students of the universlity, (I) ~o enter into such arrangements with the govern Ing body of any secondary or primary school as the board considers necessary for the purposes of or in connection with the academic work of the uni versity or 'Of any faculty, school or department there'Of, (

g) subject to the terms 'Of any trust upon which it may be held, to invest in such manner as to the board seems nt, all moneys that come into the hands 'Of the board and that are not then required to be expended f'Or any purpose for which they may be lawfully applied, (

h) to acquire and deal with (

i) any invention or any interest thered.n and any licence t'O make or use or sell an invention, and (ii) a patent for an invention, a copyright, a trade mark, trade name and the Hke, or any interest therein, and (

i) to require that there he assigned to the board an interest in any invention (Ii) made by any person with the facilities, equip ment or financial aid pr'Ovided by the board, or (ii) made by an officer or employee of the univer sity while acting within the scope of his duties or employment or that resulted from or is con nected with his duties or employment, or an interest in a patent issued for such an in vention. (2) lit is a duty and function of each university to con tribute to the educational and cultural advancement of the people of Alberta at large and a board may (

a) establish and provide programs, services and facil ities to carry out those purposes, and (

b) co-operate with any other institution, body or person for the establishment and provision of such pro grams, services and facilities, in such manner as the board considers proper. 16. Where any question arises as to the powers or. duties of the senate, the president, a dean or any other offIcer or employee of a university, or any council o~ faculty or. o~her body of a university, being powers .or dutIes not defInItely provided for in this Act, the quest.I~n s~all. be settled and determ1ined by the board, whose deCISIon IS fInal. 6

17. Power of boards to acquire land for university purposes. Recommendation D (1), (8) (g), (i). Present

section 25 (1) (

f) to (h), (6) and (7). 18. Power of board to lease or sell land. 'Recommendation D (8) (k), 0), (m). Present

section 25 (1) (k), (1), (m). 19. Appointment of officers and employees by a board. Recom mendation D (8) (

c) to (f), L (4) (a), (e). Present sections 25 (1) (b), (c), (3) and (4),67 (3) and (4). 7

Land 17. \1). A board may. acquire, by gift, devise, purchase, exproprIatIOn or otherWIse, any estate or interest in land for the purposes of the university. .

(2) An expr~priation under subsection (1) shall be made In accordance wIth

Part III of The Expropriation Procedure Act.

(3) An owner of any estate or interest in land expropri ated by a board and an owner of any estate or interest jT land injuriously affected by the exercise of the power of expropriation by a board is entitled to due compensation from the board for any damages necessarily resulting from the exercise of the power of expropriation beyond any ad vantage he may derive from any works for which the estate or interest in land was expropriated or by which the estate or interest in land was injuriously affected. 18.

(1) A board may lease any land held by it for any term not exceeding five years and may lease any minerals held by it for any term it considers proper.

(2) Subject to the terms of any trust upon which it may be held, a board may sell or mortgage or lease for a longer period than five years any land held by it that is not, at the time, bBing used for the purposes of the university.

(3) A board may, (

a) with the approval of the Lieutenant Governor in Council and the Universities Commission, but (

b) subject to the terms of any trust upon which it may be held, sell or mortgage or lease for a longer period than five years any land held by it that is, at the time, being used for the purposes of the university. Officers and Employees 19.

(1) A board may, (

a) subject to subsection (3), appoint such officers and employees as it considers necessary for the proper conduct of the affairs 'Of the university and promote and dismiss any such officer or employee, (

b) subject to subsection (2), determine the salaries or remuneration of the officers or employees, (

c) prescribe the duties of the officers and employees, and (

d) prescribe the tenure of 'Offke or employment of the officers and employees.

(2) Subject to the approval of the Universities Com mission a board may establish salary and wage scales, an~ the ran~s thereof, for all positions on the staff of the unI- versity. 7

20. Appointment of president by the board. Recommendation L (1), (3) (a). Present

section 67 in part. 21. Functions of the president. Recommendation L (3), (4) and (6). Present

section 67 in part. 8

· (3 ~ A person shall not be appointed to, promoted to or dIsmIssed from (

a) any position on the academic staff of a university or ' (

b) any seni.o~ posi~ion, as determined by the board, on the admInIstrative staff of a university, except upon the recommendation of the president made in accor~ance with procedures approved by the general faculty councIl.

(4) A president may, in his discretion, suspend from duty and privileges (

a) any officer or employee of the university, or (

b) any perS'on who is paid from funds administered by the university, for a period not exceeding three months and when he exer cises the power of suspension with respect to a member of the academic staff, the president shall promptly report his action and the reasons therefor (

c) to the board, and (

d) to the executive comm,ittee of the general faculty council, but any person suspended pursuant to this subsection is entitled to be paid his salary during the time the suspension is in effect. 20.

(1) For each university there shall be a president who is (

a) the chief executive officer of the university, and (

b) the vice-chancellor.

(2) The Lieutenant Governor in Council shall appoint the president and prescribe his tenure of office and the remuneration to be paid him by the board. 21.

(1) A president ha~ the general. sup~rvi~ion oyer and direction of the operatIOn of the unIversIty 'IncludIng (

a) the academic work of the university, (

b) the instructional staff of the university, including the deans of all faculties, (

c) the officers and servants employed in or in con nection with academic work, including the registrar and librarians, and (

d) the business affairs of the university, and has such other powers, duties and functions as may be assigned to him by the board.

(2) Whenever he considers it necessary to do so, a president may summon . (

a) a meeting of the general facul~y councIl, . 8 (

b) a meeting of any faculty councIl or school councIl, and

22. Vice-presidents to be appointed. Recommendation M, L (7). Present

section 25 (1) (b). 23. Appointment of registrar. Recommendation Q (1). Present

section 25 (1) (

b) and 70. 24. Dean for each faculty to be appointed with certain duties. Recommendation N (1), (2) and (4). Present

section 69. 9

(

c) a join~ meeting of all the faculty councils and school councIls or of any two or more 'Of them, and may take the chair at any such meeting. (3) 1\ president may.delegate any of his powers, duties or functIOns as he sees fIt and prescribe conditions govern ~ng th~ exercise of any delegated power, duty or function, IncludIng the p'Ower of subdelegation.

(4) The president shall report annually to the board and the senate upon the academic work of the university and as to its progress and requirements and make such' recom mendations thereon as he considers necessary. 22.

(1) For each university (

a) there shall be .appointed (

i) a vice-president (academic), and (ii) a vice-president for business affairs, and (

b) there may be appointed such other vice-presidents as the board considers advisable.

(2) The vice-president (academic) is the senior vice president and when the president is absent or unable to act or during any vacancy ,in the office of president the vice president (academic) is the acting president.

(3) A vice-president has such powers, duties and func tions as may be assigned to him by the board upon the recommendation of the pres,ident. 23. For each university there shall be appointed a regis trar who has such p'Owers, duties and functions as may be assigned to him by the board and the president. 24.

(1) F'Or each faculty there shall be appointed a dean (

a) who is the ohief executive officer of that faculty, (

b) who has the general supervision over and direction of the academic work and instructional staff of the faculty and of the 'Officers and employees employed in connection with that work, and (

c) who has such other powers, duties and functions as may be assigned to him by the president.

(2) The president may appoint a member of the teaching staff of a faculty who shall be the acting dean in the event of the absence or inability to act of the dean 'Of the faculty or during any vacancy in the office of a dean.

(3) A dean may delegate any of his po~~rs, duties ~nd functions as he sees fit and prescribe condItIons go~ernI?g the exercise of any delegated power, duty or functIOn, In cluding the p'Ower of subdelegation. 9

25. Authority of board to establish and operate pension plans. Recommendation D (9). Present

section 25a. 26. E~penditures by a board. Present

section 26 (1). 27. Borrowing powers. Recommendation Q (2). Present sec tion 72. 10

(1) A board~ with the approval of the Lieutenant Governor in Council and of the Universities Commission may provide for the creation, alteration or extension of any -pension, annuity or other payment for or for the benefit of any person whomsoever, or class of persons whomsoever, as the board may approve, which pension, annuity or other payment may be under any plan providing for (

a) contributions from ,individuals or from the board or both, (

b) the creation of a fund to partly or wholly discharge liability to the persons who are the beneficiaries under a plan, (

c) the appointment by the board of persons and com mittees for the management of such a plan and the ,investment a.nd reinvestment of any funds, (

d) the guarantee by the board of any or all liability to persons who are the beneficiaries under such a plan.

(2) Notwithstanding any other Act, any appointee under clause (

c) of subsection (1) has such investment powers with respect to any such fund as the board may approve.

(3) The interest of any person in any pension, annuity or other payment under a plan established pursuant to this

section is not subject to garnishee proceedings or attach ment or seizure, or any legal process, except in respect of a charge of failure to account for university or public moneys, and is not assignable.

(4) The Lieutenant Governor in Council may, for and in the name of the Province, guarantee the payment by the board of any or all liability to such persons as are the beneficiaries of any pension, annuity or other payment under a plan established pursuant to this section. Finance 26. A board shall not incur any liability or make any expenditure for the purchase of land or the e!ec~i?n of buildings or for any other purpose, unless the habl.hty or expenditure can be provided for out of the annual Income of the year or unless the liabiltiy or expenditure is approv~d by the Universities Commission and the moneys are avrul able therefor. 27.

(1) A board may borrow from any bank or treas ury branch or from any other person such s~m ~f moner as is required to meet the expenses of the unIvers'lty, un~11 such time as the revenues for the current year are avaIl- able.

(2) Any borrowings made pursuant to this

section shall be repaid out of and are a first charge upon the re,:enues of the current year, and may be secured by a promIssory 10

28. Debenture borrowing. Recommendation Q (2) . Present

section 73. 11

note 'Or notes given on behalf of the board ,in such manner as the board may arrange. 28 . .

(1) Subject to the approval of the Lieutenant Gov e~nor In CouncIl, a board, for the purposes of the univer SIty, may from time t? time borrow suc~ sums of money as the board may requIre and may from tIme to time issue notes, bonds, debentures or other secuvities which (

a) shall bear interest at such rate or rates as may be determined by the board, (

b) shall be in such denomination or denominations as may be determined by the board, (

c) shall be payable as to principal and interest (i) ,in such currency or currencies of such country or countries, (ii) at such place or places, (iii) at such time or times, and (iv) in such manner, as may be determined by the board, (

d) may be made redeemable ,in whole or in

part in advance of maturity (

i) at such time or times, (ii) on such terms, and (iii) at such price or prices, either with or without premium, as may be determ-ined by the board, and (

e) may be issued in such amounts as will realize the net sum required by the board for the purposes of the university.

(2) Where the authorizing resolution of a board made under subsection (1) contains a redtal or declaration that the amount of the notes, bonds, debentures or other secur ities authorized by the resolution is necessary to realize the net sum required for the purposes of the university, the recital or declaration is conclusive proof of the facts stated therein.

(3) Subject to the approval of the Lieutenant Governor in Council, a board may sell or otherwise dispose of any notes, bonds, debentures or other securities on such terms and conditions as it deems advisable, either at the par value thereof or at less or more than the par value thereof, and may charge, pledge, hypothecate, deposit or deal with any such securities as collateral security.

(4) Any notes, bonds, debentures or other securities and the coupons, if any, attached thereto, shall be in such form and shall be executed in such manner and by such per sons as may he determined by the board. 11

29. Provincial guarantee of debentures. Recommendation Q (2). Present

section 75. 30. Form and manner of signatures. Recommendation Q (2). Present

section 76. 31. Annual report by board to Universities Commission. Re commendation D (10),. Present

section 28 (2) and (3). 12

(1) The principal and interest of any borrowings by notes, bonds, debentures and other securities issued by a board may be guaranteed by the Province of Alberta.

(2) The guarantee, ln such form and manner as the Lieu tenant Governor in Council may approve, may be endorsed upon any notes, bonds, debentures or other securities issued by a board and may be signed on behalf of the Province o~ ~lberta by the Provincial Treasurer, the Deputy Pro vIncIal Treasurer or by such other person as the Lieutenant Governor in Oouncil may designate.

(3) The signature of the Provincial Treasurer, the Deputy Provincial Treasurer or the person designated by the Lieutenant Governor in Council, upon the guarantee is conclusive ,proof that the relevant provis,ions of this Act have been complied with.

(4) Where in respect of any notes, bonds, debentures or other securities issued by a board it becomes necessary or desirable under the terms of any guarantee given on behalf of the Province of Alberta to make payment under the guarantee, such payment may be made upon the order of the Lieutenant Governor in Council (

a) out of the General Revenue Fund, without further appropriation, or (

b) from the proceeds of any loan made under The Pro vincial Loans Act or the sale of securities owned by the Province. 30.

(1) The seal of a board on any notes, bonds, deben tures or other securities of the board and the signatures of (

a) any person authorized by the board to execute the notes, bonds, debentures or other securities or any coupon attached thereto, or (

b) the Provincial Treasurer, the Deputy Provincial Treasurer or the person designated by the Lieuten ant Governor in Council to sign a guarantee that is endorsed on the notes, bonds, debentures or other securities may be engraved, lithographed, printed or otherwise repro duced on the notes, bonds, debentures or other securities of the board or on the guarantee endorsed thereon, as the case may be.

(2) The reproduced signature of any person referred .to in subsection (1) is for all purposes deemed to be the SIg nature of that person and is binding on the board and the Province of Alberta notwithstanding that the person whose signature is reproduced did not hold office at the date of the notes, bonds, debentures or other securities or at the date of delivery thereof. 31.

(1) A board shall annual!y, after the end of its fiscal year, prepare a report shOWIng the revenues and ex- 12

32. General faculty council established. Recommendation E (1). Present

section 61 (1). 33. How members of general faculty council are chosen. Recom mendation E (1). Present

section 61 (2). 13

penditures during its last fiscal year, together with a full a?d complete sta~ement of the reserve funds of the univer SIt~ and a~ audIted ~alance sheet of its financial trans a~tIOns durIng the perIod, together with such other informa tIOn as the Universities Commission may require.

(2) The annual report of a board shall be transmitted to the Universities Commission forthwith after its completion. General 'Faculty Council 32. For each university there shall be a general faculty council consisting of (

a) the following ex officio members, (

i) the president, who shall be chairman, (ii) the vice-presidents, (Hi) the dean of each faculty, (iv) the director of each school, (

v) the chief librarian, (vi) the director of extension, or if none, the officer exercising comparable functions, and (vii) the registrar, (

b) the elected members representing the faculties and the schools that have school councils, and (

c) the appointed members. 33.

(1) The faculty council of each faculty and the school council of each school that has a school council may elect from the full-time members of the academic staff of the faculty or school such number of members to the general faculty council as may be assigned to it pursuant to sub section (3), each to hold office (

a) for a term of three years, or until his successor is elected, and (

b) while he is a full-time member of the academic staff of the faculty or school.

(2) Notwithstanding subsection (1), a faculty council or school council (

a) shall, as circumstances require, elect members to hold office for one year or two year terms so as to provide overlapping terms of office for the repre sentatives of the faculty or school, and (

b) may, where a vacancy occurs before the expiry of a term of office, elect a member to hold office for the remainder of the unexpired term.

(3) On the direction, from time to time, of the general faculty council the registrar (

a) shall establish the total nu~ber o! elected memb~rs there is to be on the councIl, WhICh shall be tWIce the number of ex officio members, and 13

34. Functions of general faculty council. Recommendation E (2), (3). Present

section 61 (3). 14

(

b) shall determine the number of members that may be elected by such faculty or school which so far as is reasonably possible, shall be in the sa~e propor tion to the total number of elected members as the number of full-time members of the academic staff of the faculty or school is to the total number of full-time members of the academic staff of all the faculties and schools.

(4) The appointed members shall be appointed by the ex officio and elected members of the general faculty councH, (

a) from the academic staff of the university, and (

b) if the ex officio and elected members so decide, from the students at the university, in such number and for such terms of office as the ex officio and elected members decide. 34.

(1) Subject to the authority of the board, a general faculty council is responsible for the academic affairs of the university and lin particular but without restricting the generality of the foregoing, the general faculty council is empowered to 14 (

a) exercise any power of a faculty council that the general faculty council considers desirable to exer cise, (

b) consider and make dec,isions on the reports of the faculty councils as to the courses of study in the faculties, (

c) determine all courses of study to which clause (

b) does not apply and which are to be offered by the university for credit toward the requirements for any degree or diploma, (

d) determine the time tables for examinations, lectures and other instruction in ea.ch faculty, (

e) consider and make decisions on the reports of faculty councils as to the appointment of examiners and the conduct and results of examinations in the faculties, (

I) provide for the granting and conferring of degrees, (

g) provide for the preparation and publication of the university calendar, (

h) hear and determine appeals from the decisions of faculty councils upon appHcations, requests or peti tions by students and others, (

i) consider all matters reported to it by any faculty council and communicate its opinion or action there on to the faculty council concerned, (

j) determine the date for the beginning and ending of lectures in the university and also the beginning and ending of each university term,

35. Deans' council established. Recommendation H. Present

section 65. 36. Faculty councils established. Recommendation G (1), (2) and (3), L (5), E (2) (q). Present sections 62,63,67 (2). 15

(

k) make rules and regulations for the management and conduct of the library, (

l) recommend to the board the establishment of facul ties, schools, departments, chairs and courses of instruction in the university in any subject that the council thinks fit, (

m) make rules and regulations respecting academic awards, (

n) determine standards and policies respecting the admission of persons to the university as students, subject, in the case of standards and policies respect ing first year stUdents, to the approval of the Uni versities Co-ordinating Council, (0) make recommendations to the board with respect to affiliation of other institutions, academic plan ning, campus planning, a building program, the budget, the regulation of residences and dining halls, procedures in respect of appointments, promotions, salaries, tenure a.nd dismissals, and any other matters considered by the council to be of interest to the uni versi ty, (

p) authorize lecturing and teaching on the university premises by persons other than members of the staff of the university, and (

q) authorize a school to have a school council of the same nature and with the same powers, duties and functions a.s a faculty council and, in its discretion, revoke any authority so given.

(2) Any recommendations from the general faculty coun cil to the board shall be transmitted to the board through the pres,ident. Deans' Council 35.

(1) For each university there shall be a deans' coun- cil which shall consist of (

a) the president, who shall be chairman, (

b) the vice-presidents, (

c) the dean of each faculty, and (

d) such other officers of the university as may be designated by the council.

(2) The deans' council is an advisory body to the presi dent the board and the general faculty council and has such' powers, duties and functions as may be delegated to it. Faculty Councils 36.

(1) For each faculty of a university there shall be a faculty council.

(2) A faculty council, other than that of a faculty of graduate studies, shall consist of 15

37. Functions of faculty council. Recommendatiion G (4), N (3). Present sections 64, 69 (3). 38. School councils authorized. Recemmendation E (2) (r), G (5), N (5). 16

(

a) the dean of the faculty, who shall be chairman, (

b) the president, (

c) all full-time members of the academic staff of the faculty, (

d) any representative of a professional association appointed pursuant to subsection (4), and (

e) such other persons as may be appointed thereto by the general faculty council on the recommendation of the faculty council.

(3) The faculty council of a faculty of graduate studies shall consist of (

a) the dean of the faculty, who shall be chairman, (

b) the president, and (

c) such other persons as may be appointed thereto by the general faculty council.

(4) The general faculty council may appoint to a faculty council a representative of any body which, by statute, has regulatory powers in respect of a profession for which the faculty offers a program of study. 37.

(1) Subject to the control of the general faculty council, a faculty council is empowered to (

a) determine the programs of study in any branch of learning for instruction in which the faculty is established, (

b) appoint the examiners for examinations in the faculty, conduct the examinations and determine the results thereof, (

c) provide for the admission of students to the faculty, subject to the admission standards and policies determined by the general faculty council, (

d) determine the conditions under which a student must withdraw from or may continue his program of studies in the faculty, and (

e) authorize the granting of degrees in course to per sons in any branch of learning for instruction ,in which the faculty is established.

(2) A meeting of a faculty council shall be held at any time upon the summons of the dean of the faculty. School Councils 38. Where the general faculty council authorizes a school to have a school council, 16 (

a) the director of the school may exercise all the powers, duties and functions of a dean of a faculty, and (

b) the school council shall be of the same nature as and may exercise all the powers, duties and func- tions of a faculty council,

39. General faculty council to have general control of student affairs. Recommendation E (4) and (5) in part. 40. Continuation of students' unions. Recommendation I (1). Present sections 65a and 65b in part. 17

subject to such conditions or restrictions as may be imposed by the general faculty council. Student AHairs . ~9.

(1) A general faculty council has the general super vIsIOn. of student. af.fairs at a university and in particular but wIthout restrIctIng the generality of the foregoing the general faculty council is empowered ' (

a) subject to a right of appeal to the board, to exer cise disciplinary jurisdiction over students attend ing the university, including jurisdiction (

i) to fine students, (

H) to suspend the right of students to attend the university or to participate in any student activities, or both, and (Hi) to expel students from the university, (

b) to delegate its disciplinary jurisdiction in any par ticular case or generally to any person or body of persons, subject to such conditions with respect to the exercise of any delegated power as it considers proper, (

c) to establish a council on student affairs consisting of (

i) members of the academic staff, (

H) students, and (iii) administrative officers, of the university to exercise immediate jurisdiction over student affairs with respect to such matters and in such manner as the general faculty council may determine and to exercise such other powers, duties and functions as the general faculty council may determine, and (

d) to give to the students' union such powers of gov ernment with respect to the conduct of students it represents as the general faculty council consider proper.

(2) A council established under clause (

c) of subsection (1) may make regulations governing the calling of its meet ings and the quorum and conduct of business thereat and generally as to the conduct of its affairs.

(3) Any powers of government gi~en to a stude~ts' union pursuant to clause (

d) of subsectIon (1) are subject to the overriding control of the board, the president and the general faculty council.

(4) Nothing in this

section takes away or impairs the right of control that an affiliated institution or college has over its students. 40.

(1) For each universi~y. there. shall be a stu~ents' union to provide for the admInIstratIOn of the affaIrs of 17

41. Management and powers of a students' union. Recommen dation I (1) and (2). Present sections 65a and 6'5b in part. 42. Students' council and intermediary between students and board and general faculty council. Recommendation E (5). 18

the students at the university, including the development and management of student institutions, the development and. enforcement of a system of student law and the pro motion of the general welfare of students consistent with the purposes of the university.

(2) The body heretofore incorporated under the name "The Students' Union, the University of Alberta" is con tinued as a corporation with the name "The Students' Union The University of Alberta" and as the students' union of The University of Alberta.

(3) The body heretofore incorporated under the name "The Students' Union, the University of Alberta at Cal gary" is continued as a corporation with the name "The Students' Union, The University of Calgary" and as the students' union of The University of Calgary.

(4) When the Lieutenant Governor in Council estab lishes an additional Provincial university under

section 3, he shall also, by the order, incorporate a students' union for the university with such name as he considers appro priate. 41.

(1) The business and affairs of a students' union shall be managed by a body to be known as the students' council, the members of which shall be elected by and from the members of the students' union as provided in the by laws thereof.

(2) Subject to the approval of the general faculty council, a students' council may make by-laws governing (

a) the requirements for membership in the students' union, (

b) the qualifications for election as a member of the students' council and the time and manner of con ducting the elections, (

c) the number of persons and the officers that the students' council is to consist of, (

d) the calling of meetings of the students' council and the quorum and conduct of business thereat, (

e) the maintenance of the students' union by the levy of membership fees, (

I) the acquisition, management and disposition of pro perty by the students' union, and (

g) any other matter pertaining to the management and affairs of the students' union.

(3) Subject to the approval of the board, a students' union may acquire real prop~rty b~ purchase, lease or otherwise and may hold and alIenate It. 42.

(1) A students' council is the official. me~ium of communication between the students of a unIversIty and the board and general faculty council and any communica- 18

43. Powers of bodies constituted under Act. 44. Liability of university for student activities denied. Pre sent

section 29 (2). 45. Religious observances. The present

section 5. 19

tion from the students' council to the board or general faculty council shall be transmitted through the president of the university . . (2) Subsection (1) does not take away or impair the rIght of any student or group of students to petition any of the governing bodies of the university in respect of any matter, but any such petition shall be in writing and shall be transmitted to the governing body through the president of the university. Miscellaneous 43.

(1) Any body constituted or continued by or under this Act (

a) may make regulations respecting the calling of meetings of the body and the quorum and conduct of business thereat and generally as to the conduct of its affairs, and (

b) may delegate any of its powers, duties and func tions under this Act as it sees fit and may pre scribe conditions governing the exercise of any delegated power, duty or function, including the power of subdelegation.

(2) An act or thing done by a majority of the members present at a meeting of a body constituted or continued by or under this Act shall be deemed to have been done by the body as long as the members present at that meeting constitute a quorum of the body and any vacancy in the membership of such a body does not impair the right of the remaining members to act as long as a quorum of the body remains in office. 44. Neither a board nor any officer or employee of a board is liable (

a) in respect of any act or omission in relation to any activity of the students' union or the student body, or (

b) on account of any act of the students' union or the student body or any member thereof. 45.

(1) No religious test shall be required of any officer or employee or student of a university nor shall religious observances according to the form of any religious denomi nation or sect be imposed upon any of them. (2) Subsection (1) does not take away or impair any right of a college or institution affiliated with a university (

a) to make such provision with regard to religious in struction and religious worship for its own students as it considers proper, and (

b) to require the observance thereof as part of its own discipline. 19

46. Annual audit required. Present

section 28 (1). 47. Exemption from assessment and taxation. The present sec tion 8 extended to cover students' unions and the Universities Commission. 48. Non-application of The Planning Act. Present

section 7a. 20

46. The Provincial Auditor or his nominee shall from time to time and at least once every year audit the accounts of the board of each university. 47.

(1) All land and improvements owned by (

a) the board of a university, or (

b) a students' union, or (

c) the Universities Commission, are exempt from assessment and taxation for provincial, municipal or school purposes, except as otherwise provided in this section.

(2) With respect to any land or improvement referred to in subsection (1), the interest of a person who is (

a) a purchaser of the property under a bona fide agreement for sale, or (

b) an occupant of the property, or part thereof, under a lease, licence or permit, is liable to assessment and taxation for provincial, muni cipal and school purposes, and the interest of that person in the property shall be assessed in the same manner as if he were the owner of the property, unless that person is himself exempt from taxation.

(3) Clause (

b) of subsection (2) does not apply with respect to an occupant (

a) who is in possession of the property in an official capacity on behalf of the owner, or (

b) who is an officer or employee of the board that owns the property, or (

c) who is a college or institution affiliated with a university, or (

d) who is an association of students. ( 4) All lands referred to in subsection (1) are liable to assessment and taxation for local improvements and for frontage tax. 48.

(1) The provisions of any other Act, or regulations or orders thereunder, or of any municipal by-law or reso lution that require, in the use or development of land, (

a) compliance with any rules, controls, standards or regulations contained in any building code or similar by-law, zoning by-law, interim development by-law, development scheme, general plan, or resolution or regula tion of a like nature, or (

b) approval or per,mission to be given by any municipal or other authority before such use or development is commenced, do not apply to any use or development of any real property owned by or leased to a university.

(2) For the purposes of this

section "development" means 20

49. Exemption from expropriation by others. Present

section 7. 50. Municipal duty with respect to dogs. New. 51. Exclusive power to grant academic degrees. The present

section 78. 52. Protection of university coats of arms. The present

section 79. 21

(

a) the carrying out of any construction or excavation or other operations in, on, over or under land, or (

b) the making of any change in the use of any land, buildings or premises. 49. The power to expropriate land conferred by any statute on a municipality or any other person does not extend to the land of a university, students' union or the Universities Commission unless the statute conferring the power is made in express terms to apply to the land of a university or the Universities Commission, or the students' union, as the case may be. 50.

For research and teaching purposes, every municipal ity operating a dog pound shall, upon request from the faculty of medicine of a university, make available to the faculty any impounded dogs that have not been claimed within a reasonable time by the owner and that would other wise be destroyed. 51. With the exception of degrees in divinity, no person other than a university may grant or confer any academic degree. 52.

(1) No person shall assume or use (

a) the coat of arms or crest of a university, or (

b) any design in imitation thereof, or (

c) any design calculated to deceive by its resemblance thereto, except upon and in accordance with the consent of the board of the university. (2 ) No person shall (

a) use in the name of any business or undertaking, or (

b) make use of in any advertising, the name of a university or any derivatiol! or abbreviati.on thereof, except upon and in accordance wIth the authorIty of the board of the university.

(3) Except as authorized pursuant to subsection (2), no person shall (

a) use in the name of any business or undertaking, or (

b) make use of in any advertising, the word "university" or any derivation or abbreviation thereof, except upon and in accordance with the authority of the Universities Commission.

(4) A person who contravenes this secti?n. is guilty. of an offence and is liable upon

summary convICtIOn to a fIne of not more than one hundred dollars and in default of payment to imprisonment for a term not exceeding seven days. 21

53. Anatomical specimens may be given to a university. The present

section 80. 54. Duties of undertakers. The present ~ction 54 in part. 55. Duty of hospitals and institutions. The present

section 81 (2). 56. Nature of demand. The present

section 81 (4) and (5) 57. Duty of university with respect to bodies received by it. The present

section 82. 22

53. ~ legal representative or other person having lawful possessIOn of the body of any deceased person and not being an undertaker or ot~er person entrusted with the body for the P!lrpose only of Interment may hand over or permit the handIng over of the body of the deceased person to a uni versity for anatomical purposes and for scientific instruc tion and research, unless (

a) to the knowledge of the legal representative or other person, the deceased person had expressed his desire either in writing at any time during his life or orally in the presence of two or more wi t nesses during the illness of which he died that his body after death should not be used for such pur poses, or (

b) the surviving husband or wife or any known rela tive of the deceased person requires the body to be interred without being used for such purposes. 54.

(1) Every undertaker or Ipublic officer having charge of the body of a deceased person that is not claimed within a reasonable time by the immediate relatives or the legal representatives of the deceased, shall upon demand hand over the body to the nearest university or to such officers as it may appoint for the purpose.

(2) Notwithstanding subsection (1), where a relative or friend of the deceased requests a burial and is willing to provide funds for the burial, he may demand possession of the body of the deceased person and arrange for the funeral. 55. Every hospital, every penal or corrective institution and every eleemosynary or public institution supported by or receiving financial aid from the Province, shall upon demand hand over to the nearest university or to such officers as it may appoint for the purpose the bodies of deceased inmates of such institutions that are not claimed within a reasonable time by the immediate relatives or the legal representatives of the deceased. 56.

(1) The demand referred to in sections 54 and 55 may be a general one, which shall be effective until counter manded.

(2) The refusal or failure to comply with the demand renders the person so refusing or failing liable on

summary conviction to a fine not exceeding twenty-five dollars. 57.

(1) A university shall keep a careful record of each body received by it in accordance with sections 53 to 55, and is at liberty to use such bodies for anatomical pur poses and for scientific instruction and research. 22

58. Establishment of Universities Co-ordinating Council. Re commendation C (1) in part. Pre~nt

section 61a in part. 59. Terms of offices of members'. Recommendation C (1) in part. Present

section 61a in part. 60. Gen~ral duties of Universities Co-ordinating Council. Re commendatlon C (3) and (4) in part. Present

section 61a in part. 23

(2) Every body handed over to a university for anatomi cal purposes shall, after undergoing anatomical examina tion, be decently interred by the university in some burial ground in use for persons of the religious persuasion to which the person whose body was so examined belonged. (3n~~;;tific;t~-~ith; i~t;~~"";f --th~=b<~~dy;iuili}; transmitted to the legal representative or other person who handed over the body, or permitted the body to be handed over, to a university for anatomical purposes.

PART 2 UNIVERSITIES CO-ORDINATING COUNCIL 58.

(1) There shall be a Universities Co-ordinating Council consisting of (

a) the president of each university, (

b) the vice-president (academic) of each university, (

c) two deans and two other members of the academic staff of each university, to be appointed by the gen eral faculty council of the university, and (

d) not more than three other members of the academic staff of each university, to be appointed by the Uni versities Co-ordinating Council.

(2) The chairman of the Universities Co-ordinating Council is (

a) the president of The University of Alberta, or his nominee, in even numbered years, and (

b) the president of The University of Calgary, or his nominee, in odd numbered years.

(3) The Universities Co-ordinating Council may appoint a secretary and prescribe his powers, functions and duties. 59.

(1) A person appointed to the Universities Co-ordi nating Council by a general faculty council holds office for a term of ithree years and is eligible for re-appointment for a second term of three years but not for further re-appoint ment by the general faculty council.

(2) A person appointed by the Universities Co-ordinating Council holds office for a term of three years and is eligible for re-appointment.

(3) Notwithstanding subsection (1) or (2), from time to time a person may be appointed for a term of less than three years for the purpose of providing an orderly change in membership of the Universities Co-ordinating Council or to fill a vacancy for the remainder of the unexpired term of office. ~~ . GO.

(1) It is a duty of the Universities Co-ordinating Council to inquire into any matter that, in its opinion, re- 23

61. Powers of Universities Co-ordinating Council in respect of academic qualifications in the professions. Recommendation C (4) in part and (5). Present

section 61a in part. 24

quires or would be assisted by co-operative decisions or actions by the general faculty councils of the universities and to make recommendations in connection therewith to any general faculty council.

(2) The Universities Co-ordinating Council may, upon the request of a general faculty council, give advice and opinions to the general faculty council on any matter.

(3) The Universities Co-ordinating Council may make such recommendations to a general faculty council or a board on matters relating to universities as it considers proper and desirable.

(4) The Universities Co-ordinating Council may deter mine minimum standards for the affiliation of colleges or institutions with a university and may recommend (

a) the affiliation of a college or institution with a uni versity and the terms thereof, and (

b) the dissolution of any such affiliation or the modi fication or altering of the terms thereof. 61. Where any Act respecting a profession or calling gives to the Universities Co-ordinating Council jurisdiction to appraise the adequacy of the academic qualifications of persons applying for membership in a body incorporated under that Act, the Universities Co-ordinating Council is, notwithstanding anything in that Act, empowered to 24 (

a) enter into such arrangements with the body cor porate as the Council considers desirable for the fulfilment of the Council's powers, duties and func tions under that Act, (

b) require persons whose qualifications are in doubt to pass examinations or to take any course of in struction as the Council considers necessary in order to establish adequate qualifications, (

c) provide for the setting and marking of examinations for that purpose, (

d) waive a requirement for an examination .~he:r:e it is satisfied as to the adequacy of the qualIfIcatIons from other evidence, (

e) establish and appoint a board of examiners with respect to that profes,sion or calling and delegate to the board of examiners such of the Council's powers, duties and functions with respect to that profession or calling as the Council sees fit, and (

I) authorize the board of examiners to appoint an ex ecutive committee from its own number to deal with such matters as the board of examiner,s delegates to it.

62. Establishment of Universities Commission. Recommendation B (1) in part and (2) in part. 63. Qualifications and term of office of members. Recommenda tion B (2) and (3). 64. Remuneration of members. Recommendation B (2) (

a) in part. 65. Expenses of Universities Commission. Recommendation B (7) (e). 66. Acquisition of land. Recommendation B (1) in part. 25

PART 3 UNIVERSITIES COMMISSION 62.

(1) There is hereby created a corporation with the name of the "Universities Commission".

(2) The Commission shall consist of (

a) a cha,irman to be appointed by the Lieutenant Gov- ernor in Council, (

b) the Deputy Minister of Education, (

c) the Deputy Provincial Treasurer, and (

d) six other persons to be appointed by the Lieutenant Governor in Council.

(3) The members of the Commission may elect one of their own number to be acting chairman in the absence of the chairman or in the event of the chairman's inability to act. 63.

(1) A person is not eligible for appointment as a member of the Universities Commission unless he is a Canadian citizen or British subject and is a resident of the Province.

(2) The chairman holds office during pleasure unless otherwise expressed in his appointment.

(3) A member, other than the chairman, holds office for a term of three years and is eligible for re-appointment for two further terms of three years, all terms to be consecu tive but not for further re-appointment.

(4) Where the Universities Commission advises the Lieutenant Governor in Council that a member is, for any reason, no longer capable of acting as a member or of ful filling his duties, the Lieutenant Governor in Council may terminate the appointment. 64.

(1) The Lieutenant Governor in Council may pre scribe the duties of and the remuneration to be paid to the chairman by the Universities Commission.

(2) The members, other than the chairman, shall not receive any remuneration for their services, but the Com mission shall pay to all members their reasonable travelling and living expenses while absent from their ordinary places of residence and in the course of their duties as members of the Com'mission. 65. The expenses, debts and liabilities incurred in the carrying out of the Universities Commission's purposes under this Act shall be paid by the Commission out of the moneys received by it from the Government. 66. The Universities Commission may acquire by gift, devise, purchase or other,,!ise any estate or interest in land 25

67. Officers and employees of Universities Commission. Recom mendation B (7) (

f) and (.8). 68. Functions of the Universities Commission. Recommendation B (6) and (7) in part. 26

and hold and alienate it, subject to the terms of any trust upon which it may be held. 67.

(1) The Universities Commission may appoint such officers and employees as it considers necessary and pre scribe their duties and their salaries or remuneration.

(2) The appointment of officers and employees of the Commission shall be during pleasure unless otherwise agreed between the Commission and the officer or em ployee.

(3) The Public Service Pension Act applies mutatis mutandis to the chairman and the officers and employees of the Commission and each month the Commission shall pay into the General Revenue Fund the contributions re quired to be made under

section 5 of that Act together with an equal amount from the funds of the Commission as its contribution. 26 68. The Universities Commission is empowered to (

a) inquire into the financial needs of the universities and advise the Government with regard to the grant ing of financial assistance for university purposes; (

b) gather and make available information relating to university education in the Province in order to assist the universities in the preparation and execu tion of plans for the development of the universities to the end that they may be fully adequate to the needs of society; (

c) act as trustee of any moneys or property given or bequeathed for or in connection with the univer sities; (

d) subject to the terms of any trust upon which it may be held, invest in such manner as to the Uni vers1ities Commission seems fit, all moneys that come into the hands of the Commission and that are not then required to be expended for any purpose for which they may be lawfully applied; (

e) subject to the terms of any trust upon which it may be held, divide among the universities in such manner as the Universities Commission sees fit any moneys or real or personal property received by the Commission for or in connection with the universities; (

I) require each university to submit to it from time to time such reports and other information as the Universities Commission may require; (

g) regulate or prohibit the extension, expansion or establishment of any service, facility or program of study by a university so as to ~edl!ce or av~id. an undesirable or unnecessary duplIcation of a SImIlar service, facility or program of study already pro vided by a university;

69. Annual audit required. 70. Annual report to the Government. 71. The present Chancellor is to continue as the Chancellor of the University of Alberta for the remainder of his present term of offire. Recommendation K (5). 72. Present officers and employees continue in their positions. 27

(

h) act as an intermediary between the Government and the universities and between universities; and shall do such other things as the Lieutenant Governor in Council may direct. 69. The Provincial Auditor or his nominee shall from time to time and at least once every year audit the accounts of the Universities Commission. 70.

(1) The Universities Commisison shall annually, after the end of its fiscal year, prepare a report showing the revenue and expenditures during its last fiscal year, together with a full and complete statement of the reserve funds of the Commission and an audited balance sheet of its financial transactions during the period, together with such other information as the Lieutenant Governor in Council may require.

(2) The Commission shall transmit its annual report and the annual reports of the universities received by it to the Minister of Education.

(3) The Minister of Education shall lay a copy of the re ports of the Commission and the universities before the Legislative Assembly within fifteen days after the com mencement of the next ensuing session.

PART 4 TRANSITIONAL PROVISIONS AND 'CON'SEQUENTIAL AMENDMENTS 71.

(1) The person who was the Chancellor of the Uni versity of Alberta immediately prior to the commencement of this Act continues as chancellor of The University of Alberta under this Act for the remainder of the term of office for which he was elected.

(2) The persons who were "appointed members" of the Senate of the University of Alberta immediately prior to the commencement of this Act continue as elected members of the senate of The University of Alberta under this Act for the remainder of the terms of office for which they were elected. 72.

(1) The persons who were officers or employees of the University of Alberta immediately prior to the com mencement of this Act and were employed at or in con nection with (

a) the University of Alberta at Calgary, and (

b) the Banff School of Fine Arts, shall be deemed to have been appointed as officers or em ployees of The University of Calgary pursuant to this Act 27

73. Transfer of assets and liabilities of the university at Cal gary and of Banff School of Fine Arts to The University of Calgary. 74. Declaratory order by the Universities Commission. 28

and they continue in their offices or employment subject to this Act.

(2) The persons who were officers and employees of the University of Alberta immediately prior to the commence ment of this Act, excluding those referred to in subsection (1), continue in their offices or employment subject to this Act and as if they had been appointed under this Act.

(3) Notwithstanding subsection (1) or (2), the Presi dent of The University of Alberta, jointly with the Presi dent of The University of Calgary, may declare (

a) that a person to whom subsection (1) applies con tinues as an officer or employee of The University of Alberta, and (

b) that a person to whom subsection (2) applies be comes an officer or employee of The University of Calgary. 73.

(1) All lands, buildings, plants, works, supplies, rights, contracts, franchises, easements, assets, liabilities and property of every kind, including choses in action, owned, held, incurred or used (

a) by the Governors of the University of Alberta, and (

b) at or in connection with the Provincial university facilities at Calgary or the Banff School of Fine Arts, immediately prior to the commencement of this Act shall, subject to subsection (2), be vested in The Governors of The University of Calgary.

(2) Subseotion (1) does not apply (

a) to property held in trust under The Ultimate Heir Act, which shall be vested in the Universities Com mission, or (

b) to trust property referred to in

section 76 which shall be vested in The Governors of The University of Alberta. 74.

(1) To avoid any uncertainty, inconvenience, loss or inequity the Universities Commission may, by order, specify the things referred to in

section 73 that are or are not to be vested in The Governors of The University of Cal gary and may, in an order, 28 (

a) direct the trans1mission of any such thing to The Governors of The University of Calgary, (

b) direct the division or partition of or sharing of any such thing between or by the boards in such pro portion and in such manner as the Commission con siders just, (

c) impose such conditons as the Commission con siders just with respect to any such thing (

i) whether or not the thing is being transmitted, vested or shared,

75. Existing proceedings may be continued. 29

(ii) for the benefit or advantage of either or both boards or of someone else, including requiring a board to make a payment to or to indemnify the other board or someone else, to the extent the Commission considers just, (

d) direct the transmission of any such thing to the Universities Commisison to be held and admini stered or expended by it for the benefit of the uni versities in such manner and in such proportion as the Commission considers just, (

e) declare any estate or interest in any such thing to be vested in The Governors of The University of Calgary or the Universities Commission without any further act being required, and (

I) do such other things and give such other directions as the COlnmission considers necessary or desirable to carry out the purpose of

section 73.

(2) The Universities Commission shall not make an order under subsection (1) that constitutes or would result in a breach of trust, and to the extent that any order purports to do so, the order is void.

(3) A certified copy of an order of the Universities Commission under subsection (1) may be deposited in a land titles office, registry office or other appropriate public office and, notwithstanding any other Act, it is not neces sary to deposit or file or issue any other instrument, docu ment or certificate or to make any entry showing the trans mission of title from the Governors of the University of Alberta to The Governors of the University of Calgary or to the Universities Commission of any property, right or liability or to have any certificate of title issued in respect thereof or to have any mortgage, charge, encum brance or other document tra.nsmitted to the name of The Governors of The University of Calgary or of the Univer sities Commission, nor is it necessary in any instrument whereby The Governors of The University of Calgary or the Universities Commission deals with any such property, right or liability to recite or set out the transmission. 75.

No action or other proceedings or power or remedy by, in or against the Governors of the University of Alberta shall be discontinued or abated on account of this Act but may be continued by, in or against (

a) The Governors of The University of Alberta, or (

b) The Governors of The University of Calgary, or (

c) the Universities Commission, a.s may be appropriate, and an order under

section 7 ~ shall be admitted in evidence as proof of which of those bodIes any right or Jiability or other interest in property of any sort is or is to be vested in. 29

76. Special provisions to provide for the administration of certain trust properties. 77. The Public Junior Colleges Act is amended to relate its provisions to the existence of two or more Provincial universities. 30

(1) In this

section "trust property" means any estate or interest in property, real or personal, which by deed, will or other instrument executed before the com mencement of this Act was or is given, granted, devised or bequeathed to the University of Alberta, or the Governors thereof, to be held in trust for any purpose of or in c'On nection with the University of Alberta.

(2) For the purpose 'Of receiving, holding, administering and otherwise dealing with the trust property The Univer sity of Alberta shall be deemed to include all the Provincial university facilities, operations and functions which, imme diately prior to the commencement of this Act constituted the University of Alberta.

(3) The Govern'Ors of The University of Alberta shall administer the trust property in accordance with the terms and intent of the trusts upon which the property was given, granted, devised or bequeathed and shall, after consultation with The Governors of The University of Calgary, apply or apportion the proper,ty to the Provincial university oper ations at Edmonton, Calgary, Banff or elsewhere as The Governors of The University of Alberta, subject to the terms and intent of the trust, considers proper. Consequential Amendments 77.

(1) This

section amends The Public Junior Colleges Act.

(2) Section 2 is amended by adding the following clause after clause (e): 30 (/) "university" means a university under The Univer sities Act.

(3) Section 3 is amended (

a) as to clause (

a) by striking out the words "Univer sity of Alberta" and by substituting the word "uni versity", (

b) by striking out clause (

b) and by substituting the following: (

b) with the approval 'Of the university with which it is affiliated, subjects in a course of study for a year other than the first year beyond matriculation into that university, and ( 4)

Section 5 is amended (

a) as t'O subsection (1) by striking out clause (

b) and by substituting the following: (

b) the board 'Of governors of a university has approved, in writing, the affiliation of the pro posed junior college with that university. (

b) as t'O subsection (2) by striking out the words "Board of Governors" and by substituting the w'Ords "board 'Of governors 'Of a university".

Chapter 348 of the Revised Statutes is amended to take into account the existence of two Provincial universities. 79.

Chapter 22 of 1947 is amended in consequence of the Banff School of Fine Arts being administered by The University of Calgary. 31

(5) Section 7, subsection (2) is amended by striking out clause (

a) and by substituting the following: (

a) a copy of the approval of the board of governors of the university with which the proposed junior col lege is to be affiliated,

(6) Section 34, clause (

a) is amended by striking out the words "University of Alberta matriculation" and by sub stituting the words "matriculation into a university".

(7) Section 35, subsection (1) is amended by striking out the words "University of Alberta" and by substituting the words Huniversity with which the junior college is affili ated".

(8) Section 37, subsection (1) is amended by striking out the words "University of Alberta" and by substituting the words "university with which the junior college is affiliated" . 78. The Ultimate Heir Act is amended (

a) as to

section 2 by striking out clause (

b) and by substituting the following: (b) "Universities Commission" means the body with that name incorporated by The Univer sities Act. (

b) by striking out the word "University" wherever it occurs in the Act and by substituting the words "Universities Commission", (

c) as to

section 8 by striking out subsection (2) and by substituting the following:

(2) The Universities Commission shall pay the annual income from the moneys held in trust pur suant to subsection (1) to the universities under The Universities Act in such shares as the Com mission considers fair and equitable and any moneys so paid to a university shall be applied, in the discretion of the board of governors thereof, in providing scholarships and assistance in the field of research at the university. 79. The Banff Foundation Act is amended (

a) as to

section 2 (

i) by striking out clause (

b) and by substituting the following: (b) "Governors" means The Governors of The University of Calgary; . (ii) by striking out clause (

d) and by substituting the following: (d) "University" means The University of Calgary. (

b) as to

section 6, clause (

a) by striking out the words 31

Chapter 264 of the Revised tatutes is amended to relate to the existence of two Provincial Universities. 81.

Chapter 91 of the Statutes of Alberta, 1965 is amended to to the existence olf two Provincial universities. 82. The Assessment Act, 1960 and The City Act are amended to remove a partial duplication of the tax exemption provisions contained in this Act. 32

32 ".the University of Alberta" and by substitutng the words "The University of Calgary", (

c) by striking out

section 11. 80. The Public Service Pension Act is amended (

a) as to

section 23a, subsection (1) by striking out the words Hthe University of Alberta" and by substi tuting the words "a university under The Univer sities Act", (

b) as to

section 33 (

i) by striking out subsection (1) and by substi tuting the following: 33.

(1) In this section, (a) "University" means a university under The Universities Act; (b) "University employee" means a person employed by the Governors of a University on a full time continuous basis. (ii) by striking out the words Hof Alberta" where ever they occur in subsections (2) to (5). 81. The Teachers' Retirement Fund Act, 1965 is amended (

a) as to

section 2, clause (

i) by striking out ,the words "of the University of Alberta" and by substituting the words "of a University under The Universities Act", (

b) as to se0tion 22, subsection (2) by striking out the words "University of Alberta" and by substituting the words "university employing him", (

c) as to

section 23, subsection (1) by striking out the words "of Alberlta". 82.

(1) The Assessment Act, 1960 is amended (

a) as to

section 14 by adding the following clause after clause (d) : (d1) all property vested in an educational institu Ition affiliated with a university under The Universities Act, except the whole or any part of a separate building owned by such an insti tution and used as a dwelling and the lands used in connection therewith; (

b) as to se0tion 72 by striking out the words "under

section 8 of The University Act".

(2) The City Act,

section 544 is amended (

a) as to subsection (1) by striking out clause (

h) and by substituting the following: (

h) all property vested in an educational institution affiliated with a university under The Univer sities Act, except the whole or any part of a separate building owned by such an institution

83. The Public Trustee Act IS amended to correct cross-refer ences. 84. This

section operates to change the reference in the pro visions listed in the Schedules from the University of Alberta, the General 'Faculty Council of the University of Alberta, or the Co-ordinating Council of the University of Alberta, to the ap propriate references under this Bill. 85. Repeal of present Act. 86. Commencement of Act. 33

and used as a dwelling and the lands used in connection therewith; (

b) by striking out subsection (2) and by subsHtuting the following:

(2) Notwithstanding the exemptions enumerated in subsection (1) all lands, including lands other wise exempt, are liable to assessment and taxation for local improvements and for frontage tax. 83. The Public Trustee Act is amended by striking out the words "sections 80 and 81 of The University Act" where they occur in subsection (9) of

section 18 and

section 25a thereof and by SUbstituting the words "sections 53 and 54 of The Universities Act". 84.

(1) In the enactments listed in

Schedule A, a refer ence to the University of Alberta shall be deemed to be a reference to any university under this Act.

(2) In the enactments listed in

Schedule B, a reference to the General Faculty Council of the University of Alberta shall be deemed to be a reference to the UniversLties Co-ordi nating Council.

(3) In the enactments listed in

Schedule C, a reference to the Registrar of the University of Alberta shall be deemed to be a reference to the secretary of the Universities Co ordinating Council.

(4) In the enactments listed in

Schedule D, a reference to the University of Alberta shall be deemed to be a refer ence to the Universities Co-ordinating Council.

(5) In the enactments listed in

Schedule E, a reference to the Co-ordinating Council of the University of Alberta shall be deemed to be a reference to the Universities Co ordinating Council. 85. This Act repeals and replaces The University Act, being

chapter 351 of the Revised Statutes. 86.

(1) This Act, except sections 62 to 70, comes into force on the first day of July, 1966.

(2) Sections 62 to 70. come into force on the day upon which this Act is assented to.

SCHEDULE A The Alberta Architects Act

Section 9 (2) (

c) The Alberta Registered Dietitians Association Act

Section 14 (1) The Chartered Physiotherapists Act Sections 5, 15 33

The Medical Profession Act Sections 34 (2), 70

(8) The Alberta Pharmaceutical Association Act Sections 25 (2), 30 (5), The Teaching Profession Act The Alberta Registered Music Teachers' Associ- 44

(2) Section 6 (3) ation Act

Section 11 (

d) The Agricultural Schools Act

Section 16 (

c) The Alberta Land Surveyors Act, 1965

Section 17 (1) The City Act

Section 318 (4)

SCHEDULE B The Alberta Architects Act Sections 2 (e), 9, 11 The Alberta Chartered Accountants Act The Alberta Registered

Section 2 (c), 10, 13, 14, 15 Dietitians Association Act Sections 2 (I), 13, 14 The Engineering and Related Professions Act Sections 2 (a), (I), 13 (2), 16, 17 The Chartered Physio- therapists Act Sections 2 (d), 13, 14 The Psychologists Association Act Sections 2 (c), 11, 12, 13, 19a The Veterinary Surgeons Act Sections 2 (a), 12, 18, 19, 28 The Medical Profession Act Sections 2 ( e ), (h), (i), 33, 38,70

SCHEDULE C The Veterinary Surgeons Act Sections 12, 18

(5) The Medical Profession Act Sections 32 (1), 70

(4) The Alberta Pharmaceutical Association Act

Section 27 (1) 34

SCHEDULE D The Alberta Architects Act

Section 11 (2) The Alberta Chartered Accountants Act

Section 10 (2) The Alberta Registered Dietitians Association Act

Section 13 (1) The Chartered Physio- therapists Act

Section 13 (1) The Psychologists Association Act

Section 11 (1) The Veterinary Surgeons Act

Section 18 (2) The Medical Profession Act

Section 33 (2) The Alberta Pharmaceutical Association Act Sections 26 (2), 28

(1) The Alberta Land Surveyors Act, 1965 Sections 15 (2), 25 (1) (

c) BCHEDULE E The Alberta Pharmaceutical Association Act Sections 26, 27 (1), 28

(2) The Alberta Land Surveyors Act, 1965 The Registered Nurses Act The Agrologists Act The Legal Profession Act, 1966 Sections 2 (c) 14, 15, 17 (1), 20, 21, 22, 23, 24 (c), 25, 26, 27, 28, 30 (

c) Sections 5, 6, 11 Sections 2 (b1), 20, 24 Sections 35 (b), 36, 38 (2), 39 (2), 40 (2), 41 35

No. 77 THIRD SEISiSION FIFTEENlH I,;EGISLATURE 14 ELIZABETH II 1966 BILL

An Act respecting Provincial Universities Received and read the First time ........... . Second time ................ . Third time ........................ . HON. MR. McKINNON Title: 1966 (15th, 3rd) Bill 77,

An Act respecting Provincial Universities

Document details

Collection	Alberta — Bills
Citation	L15 S3 1383
Type	bill
Volume / chapter	L15 S3 1383
Language	en
Format	json
Source	PROVINCIAL
Identifier	5abaadd64e780d422bdf467008986d5b1b019998

Source file is stored in the law ingest library (json).