Bill ID 1200 (Legislature 23, Session 4)

L23 S4 1200

Alberta — Bills

1996 BILL Pr4 Fourth Session, 23rd Legislature, 45 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL Pr4 BETHESDA BIBLE COLLEGE ACT MR. DEC ORE First Reading Second Reading C ommittee of the Whole Third Reading Royal Assent

B ill P r4 M r. D ecore BILL Pr4 1996 BETHESDA BIBLE COLLEGE ACT (A ssented to , 1996)

WHEREAS Bethesda C hurch Ltd. has been operating a bible college known as Bethesda Bible C ollege of Edmonton, Alberta; and

WHEREAS Bethesda Bible C ollege has proposed to operate independently from Bethesda C hurch Ltd. and that Bethesda Bible C ollege should have the power and authority as a body corporate; and

WHEREAS a petition has been presented praying that it be enacted as hereinafter set forth and it is expedient to grant the prayer of the petition; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act (a) "Board" means the Board of Governors of the C ollege; (b) "by-laws" means the by-laws of the C ollege; (c) "C ollege" means Bethesda Bible C ollege; (d) "property" includes real and personal property. 1

Incorporation 2 Ron Steinbrenner, Jeff Hannon and Jeff Wells and other such persons as are from time to time appointed to be members of the Board are hereby incorporated under the name of "Bethesda Bible C ollege". O bjects 3 The objects of the C ollege are: (

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

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

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

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

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

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

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

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

(3) All incomes and properties of the C ollege shall be applied toward the furtherance of the objects of the C ollege, and no portion of such income or property shall be paid, transferred or made available directly or indirectly for the personal benefit of any member from time to time of the Board, except (

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

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

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

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

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

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

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

d) undertake and support research and education related to the objects of the C ollege, 3

(

e) provide financial and other assistance to charitable organizations that have objects similar to that of the C ollege or that engage in activities similar to those in which the C ollege engages or has engaged, (

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

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

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

i) borrow money and give security for it; (

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

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

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

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

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

a) diplomas or certificates; (

b) degrees in divinity. H ead office 7 The head office of the C ollege shall be located in Alberta at the place specified in the by-laws. 4

Board of Governors 8(1) There business and affairs of the C ollege shall be managed by a Board of Governors.

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

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

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

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

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

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

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

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

f) the establishment of standing and special committees of the Board and their responsibilities; 5

(

g) without in any way limiting the generality of the foregoing, the appointment of an executive committee of the Board and delegation to that committee of any of the powers or duties of the Board other than the power to make by-laws; (

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

i) the appointment and removal of the auditor of the C ollege; (

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

k) subject to

section 7, the location of the head office of the C ollege; (

l) the regulation of the investment of the funds of the C ollege pursuant to

section 5(k); (

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

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

n) the regulation of the operations and affairs of the C ollege. W inding-up 10 Notwithstanding anything in the B usiness C orporations A ct or any other Act, in the event of the winding-up of the C ollege (

a) if the by-laws referred to in

section 9 provide for the transfer of the property of the C ollege, the liquidator shall transfer any remaining property of the C ollege to the organization or organizations specified in the by-laws, in 6

accordance with the by-law, (

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

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

i) unless and until any other church organization or educational institution has formally merged or amalgamated with, or has formally pooled or combined its assets or some portion thereof with those of the C ollege thereby making a capital contribution to the assets of the C ollege, transfer any remaining property of the C ollege to Bethesda C hurch Ltd. or its respective successors; (ii) in any other case, transfer any remaining property of the C ollege, subject to the approval of the C ourt of Queen's Bench (

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

B) to a foundation or other charitable organization, whether incorporated or not, either by way of gift or in trust for one or more charitable purposes. 7 Title: 1996 (23rd, 4th) Bill Pr4, Bethesda Bible C ollege Act

Document details

Collection	Alberta — Bills
Citation	L23 S4 1200
Type	bill
Volume / chapter	L23 S4 1200
Language	en
Format	json
Source	PROVINCIAL
Identifier	5b76d7b9fbf311db0b16eb34e5e2f1f1a8af1833

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