College and University Student Associations Act, 2011 Naqvi, Yasir Marchese, Rosario — Bill 184 (39th Parliament, 2nd Session)

Bill 184, 39-2

Ontario — Bills

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Bill 184, College and University Student Associations Act, 2011

Naqvi, Yasir

Marchese, Rosario

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[39] Bill 184 Original (PDF)

Bill 184 2011

An Act respecting student

associations at post-secondary educational institutions in Ontario

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purposes

1. The

purposes of this Act are,

(

a) to

recognize the autonomy of student associations at post-secondary educational

institutions;

(

b) to

provide for the good governance of student associations;

(

c) to

require accountability of student associations to their members;

(

d) to

promote collaboration and agreement between student associations and

post-secondary educational institutions; and

(

e) to

ensure the collection and remittance by post-secondary educational institutions

of fees levied by student associations.

Definitions

2. In

this Act,

"council"

means, in respect of a student association, a council, board of directors or

similar body elected by and from the members of the student association;

("conseil")

"fees" means fees levied by a student association on its members on an

annual or other regular basis; ("droits")

"post-secondary educational institution" means a college of applied arts

and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002 ,

a university that receives regular and ongoing operating funding from the

province for purposes of post-secondary education and any other institution prescribed

by the regulations; ("établissement d'enseignement postsecondaire")

"student association" means a student organization, other than a

provincial or national student organization, whose purpose is to represent the

interests of students at a post-secondary educational institution and that is,

(

a) a

corporation without share capital that is subject to the Corporations Act , or

(

b) prescribed

by the regulations. ("association étudiante")

Governance

of student associations

(1) The

business and affairs of a student association must be managed by a council in

accordance with by-laws approved by the members of the student association, the

provisions of this Act and any other legislation to which the student

association is subject.

By-laws

(2) Subject to any other legislation to which it is

subject, a student association may include in its by-laws, but is not limited

to including, provisions governing,

(

a) requirements

for membership in the student association;

(

b) the

required qualifications of a member for election to the council or to be

appointed an officer of the student association, and the time and manner of

conducting elections;

(

c) the

number of required council members and officers and the duties of the officers;

(

d) the

calling of meetings of the council and of the members of the student

association and the quorum and conduct of business at meetings;

(

e) the

acquisition, management and disposition of property by the student association;

(

f) the

appointment of an auditor and the preparation and auditing of the student

association's financial statements; and

(

g) the

establishment, maintenance and use of membership lists in accordance with

applicable legislation governing the collection, use and disclosure of personal

information.

Levying

of fees and administration of funds

4. A

student association may levy fees on its members in accordance with its by-laws

and may administer all money and property that it receives and holds, whether

derived from fees, donations, business ventures or otherwise.

Collection

and remittance of fees

(1) If

a student association at a post-secondary educational institution has entered

into an agreement with the post-secondary educational institution under which

the post-secondary educational institution agrees to collect and remit to the

student association the fees levied by the student association on its members,

the post-secondary educational institution shall collect and remit the fees in

accordance with that agreement.

If no agreement between student

association and post-secondary educational institution

(2) If a student association at a post-secondary

educational institution and the post-secondary educational institution have not

entered into an agreement described in subsection (1), the following rules

apply:

1. The

post-secondary educational institution shall collect the fees from the members

and remit the amounts collected to the student association not more than 60

days after the last day for registration of students in each registration

period at the post-secondary educational institution.

2. The

post-secondary educational institution may cease collecting or remitting the

fees to the student association if, in the case of a student association that

is subject to the Corporations

Act , the student association fails to comply with that Act.

Regulations

6. The

Lieutenant Governor in Council may make regulations prescribing anything referred

to in this Act as prescribed by the regulations.

Transitional,

Not-for-Profit

Corporations Act, 2010

(1) Clause

(

a) of the definition of "student association" in

section 2 of this Act is

amended by striking out " Corporations

Act " and substituting " Not-for-Profit Corporations Act, 2010 ".

(2) Paragraph 2 of subsection 5 (2) of this Act is amended

by striking out " Corporations

Act " and substituting " Not-for-Profit Corporations Act, 2010 ".

Commencement

(1) Subject

to subsection (2), this Act comes into force on the day it receives Royal

Assent.

Same

(2) Section 7 comes into force on the later of the day

subsection 211 (1) of the Not-for-Profit

Corporations Act, 2010 comes into force and the day this Act receives

Royal Assent.

Short

title

9. The

short title of this Act is the College and University Student Associations Act, 2011 .

EXPLANATORY NOTE

The

College and University

Student Associations Act,

2011 is enacted to recognize the autonomy of student associations

at post-secondary educational institutions, to provide for the good governance

of student associations, to require accountability of student associations to

their members, to promote collaboration and agreement between student

associations and post-secondary educational institutions and to ensure the

collection and remittance by post-secondary educational institutions of fees

levied by student associations.

Date Bill stage Activity Committee

April 19, 2011

First Reading

Carried

Debates and Progress

First Reading

April 19, 2011

Committee

Second Reading

Committee

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 184, 39-2
Type	bill
Volume / chapter	p39 s2 bill 184 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	62f6221d649c1d50fa1e905cde484dbedfb143e7

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