Emmanuel Bible College Act, 2018 Harris, Michael — Private Bill PR80 (41st Parliament, 3rd Session)

Bill PR80, 41-3

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill PR80, Emmanuel Bible College Act, 2018

Harris, Michael

Please select

View bill

Status

Original

As Amended by Standing Committee

Royal Assent

[41] Bill 80 Royal Assent (PDF)

Bill PR80 2018

Act respecting Emmanuel Bible College

Preamble

The

Emmanuel Bible College has applied for special legislation to change the

governance of its corporation. The applicant represents that the Emmanuel

Bible School was established in 1939 by the Mennonite Brethren Church in

Christ, which was a predecessor of the Evangelical Missionary Church of Canada,

for the purpose of training pastors and missionaries for Christian service and

leadership. The applicant also represents that it has been operating as a

post-secondary institution since 1940 and formally became known as the Emmanuel

Bible College in 1948. The College was incorporated by the Emmanuel Bible College Act, 1981 , since which time it has

honoured its affiliation with the Evangelical Missionary Church of Canada while

also affiliating with other Christian denominations through covenant and

affiliate agreements between its board of governors and the governing bodies of

those other denominations.

is appropriate to grant the application.

Therefore,

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Definitions

this Act,

"Board"

means the Board of Governors of the College;

"by-law"

means a by-law of the College;

"College"

means the Emmanuel Bible College;

"faculty"

means the employees of the College who teach and includes the head librarian;

"student"

means a person who is registered as a student of the College.

College

continued

(1) The

College is continued as a corporation without share capital under the name

Emmanuel Bible College.

Members

(2) The

corporation is composed of the members of the Board and, if the by-laws of the

College provide, such additional persons who are admitted to membership in

accordance with the by-laws.

Objects

The

objects and purposes of the College are,

(

a) to

provide instruction in higher Christian education for Christian faith and

practice;

(

b) to

prepare students to serve with competence in full-time Christian professions

both at home and abroad; and

(

c) to

equip students not anticipating full-time Christian service for positions of

lay leadership and activity in various Christian ministries.

Conflict

(1) Subject

to subsection (2), in the event of a conflict between this Act and the Corporations Act this Act prevails.

Same

(2) On

or after the day subsection 4 (1) of the Not-for-Profit

Corporations Act, 2010 comes into force, in the event of a conflict

between this Act and the Not-for-Profit Corporations Act,

2010 this Act prevails.

Board

of Governors

(1) The

affairs of the College shall be managed by the Board.

Composition

of Board

(2) Subject

to subsections (3) and (4), the composition of the Board and the election or

appointment of its members shall be as set out in the by-laws.

Number

of governors

(3) The

Board shall consist of at least 10 and not more than 20 persons.

Citizenship

(4) At

least 51 per cent of the members of the Board must be Canadian citizens or

permanent residents of Canada.

Term

of office

(5) Members

of the Board shall hold office for a term of three years or until their

successors take office.

Restriction

re consecutive terms

(6) No

person shall serve on the Board for more than nine consecutive years, but on

the expiration of one year after having served on the Board for nine

consecutive years, a person is again eligible to be a member of the Board.

Vacancies

(7) If

a vacancy on the Board occurs, the Board may appoint a person to fill the

vacancy for the remainder of the unexpired term of the person whose membership

is vacant and service on the Board for the remainder of an unexpired term shall

not be included in the calculation of the nine consecutive years under

subsection (6).

Quorum

(8) Two-fifths

of the members of the Board constitutes a quorum of the Board.

Opening

quorum sufficient

(9) If

a quorum is present at the opening of a meeting of the members of the Board,

the members present may proceed with the business of the meeting, even if a

quorum is not present throughout the meeting.

Continuation

of present Board

(10) The

members of the Board in office immediately before the coming into force of this

Act are continued in office until their successors are elected or appointed

under this Act and in accordance with the by-laws.

New

Board

(11) The

Board shall be reconstituted in accordance with this

section and the by-laws of

the College.

Same

(12) Service

on the Board pursuant to subsection (10) shall not be included in the

calculation of the nine consecutive years under subsection (6).

Powers

of the Board

(1) The

Board has all powers necessary or convenient to manage the affairs of the

College and to carry out the objects of the College.

Same

(2) Without

limiting the generality of subsection (1), the Board may,

(

a) enact

by-laws for the conduct of its affairs;

(

b) establish,

by by-law, st atements

of Christian doctrine for the College which shall be adhered to by the members

of the Board and faculty;

(

c) establish

academic and administrative policies of the College;

(

d) establish

an education policy and establish and terminate programs and courses of study;

(

e) appoint

committees of the Board and delegate the power and authority to act for the

Board with respect to any matter or class of matters to any committee provided

that the majority of the committee is composed of members of the Board;

(

f) grant

the academic degrees, diplomas and certificates set out in Schedules 1, 2 and 3

and any other academic degrees the College is authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000 ;

(

g) federate

or affiliate the College with any other institution of higher learning,

denomination or Christian ministry organization;

(

h) establish

and collect fees and charges for tuition and for services of any kind offered

by the College and collect fees and charges on behalf of any entity,

organization or element of the College;

(

i) borrow

money for the purposes of the College and give security for it on such terms

and in such amounts as it may deem advisable and in accordance with the

by-laws;

(

j) invest

all money that comes into the College that is not required to be expended for

any purpose to which it lawfully may be applied, subject always to any express

limitations or restrictions on investment powers imposed by terms of the same,

in such manner as it considers proper and, except where a trust instrument or

otherwise directs, combine trust money belonging to various trusts in its care

into a common trust fund;

(

k) acquire,

accept, solicit or receive by any means any kind of real or personal property,

enter into and carry out agreements and undertakings incidental thereto, hold

any such property and sell, lease, mortgage, dispose of and convey any such

property or any part of such property or interest in it, as the Board may

consider advisable;

(

l) acquire,

accept, solicit or receive any gift of real or personal property, either as an

annual or other contribution or as an addition to the funds of the College;

(

m) appoint

a member of the Board, or any other person, to execute documents and other

instruments on behalf of the Board and, if necessary, to affix the corporate

seal of the College thereto; and

(

n) establish

the fiscal year of the College.

By-laws

The

College shall publish its by-laws in the manner the Board considers proper.

Audit

(1) The

Board shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and the

transactions of the College at least once a year.

Same

(2) A

copy of the audited annual statement shall be made available for inspection by

the public in the manner that the Board considers proper.

Meetings

closed to public

(1) Subject

to subsection (2), meetings of the Board shall be closed to the public.

Exception

(2) If

a quorum of the Board agrees, a meeting of the Board may be open to the public

or a person who is not a member of the Board may be invited to a meeting of the

Board.

Non-profit

corporation

(1) The

College shall be carried on without the purpose of gain for the members of the

Board and any profits or other accretions to the College shall be used in

promoting its objects.

Same

(2) Members

of the Board shall not benefit in any personal capacity from their service on

the Board.

Dissolution

(1) Subject

to subsection (2), upon the dissolution or winding up of the College and after

payment of all its debts and liabilities, all of the remaining assets of the

College shall be distributed as follows:

1. If

the Evangelical Missionary Church of Canada or any of its successors is a

qualified donee at the time of the dissolution or winding up, the assets are

distributed to the Evangelical Missionary Church of Canada or the successor, as

the case may be.

If paragraph 1 does not apply, the assets are distributed to another qualified

donee who has objects or purposes that are similar to the objects of the

College, as determined by the Board or a trustee appointed by the Board prior

to the dissolution or winding up of the College.

Same

(2) Any

special or restricted purpose trust funds held by the College shall be transferred

to a new trustee by the Board to be applied in accordance with the applicable

terms of the trust.

Qualified

donee

(3) For

the purposes of this section,

"qualified

donee" has the same meaning as in the Income Tax Act

(Canada).

Repeal

The Emmanuel Bible College Act, 1981 is repealed.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Emmanuel Bible College

Act, 2018 .

Schedule

Academic Certificates

1. Certificate

in Christian Studies.

2. Certificate

in Ministry Studies.

Schedule

Academic diplomas

1. Diploma

in Biblical Studies.

2. Diploma

in Ministry Studies.

Schedule

Academic degrees

1. Bachelor

of Theology.

2. Bachelor

of Religious Education.

3. Bachelor

of Sacred Music.

[41] Bill 80 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

The

purpose of the Bill is set out in the

Preamble.