Post-secondary Education Student Opportunity Act, 2002 Cunningham, Hon. Dianne Minister of Training, Colleges and Universities — Bill 65 (37th Parliament, 3rd Session)

Bill 65, 37-3

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Bill 65, Post-secondary Education Student Opportunity Act, 2002

Cunningham, Hon. Dianne Minister of Training, Colleges and Universities

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Bill 65 2002

An Act to enact,

amend or revise various Acts

related to post-secondary education

and opportunities

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

Assembly of the Province of Ontario, enacts as follows:

Enactments

(1) The University of Ontario

Institute of Technology Act, 2002 , as set out in

Schedule A, is hereby

enacted.

Same

(2) The Ontario of Colleges of Applied Arts and

Technology Act, 2002 , as set out in

Schedule B, is hereby

enacted.

Same

(3) The Ontario College of Art & Design Act,

2002 , as set out in

Schedule C, is hereby enacted.

Same

(4) Schedules D and E are hereby enacted.

Commencement

(1) Subject to subsection (2), this Act

comes into force on the day it receives Royal Assent.

Same

(2) Each

Schedule to this Act comes into force as

provided in the commencement

section at or near the end of the

Schedule.

Short title

3. The

short title of this Act is the

Post-secondary Education Student Opportunity Act, 2002 .

SCHEDULE A

UNIVERSITY OF ONTARIO INSTITUTE

OF TECHNOLOGY ACT, 2002

Definitions

1. In this Act,

"board" means the board of governors of the university; ("conseil")

"college" means the Durham College of Applied Arts and Technology;

("collège")

"teaching staff" includes professors, associate professors, assistant

professors, lecturers, associates, instructors, tutors and all others engaged

in the work of teaching or giving instruction or in research at the

university; ("corps professoral")

"university" means the University of Ontario Institute of Technology as

established by this Act. ("université")

University established

(1) A university to be known as

universitaire de technologie de l'Ontario in French is hereby

established.

Corporation without share capital

(2) The university is a corporation without share capital and

shall consist of the members of its board.

Conflicts

(3) In the event of a conflict between a provision of this Act

and a provision of the Corporations Act , the provision of this Act

prevails.

Special mission

3. It is the special mission of the university

to provide career-oriented university programs and to design and offer

programs with a view to creating opportunities for college graduates to

complete a university degree.

Objects

4. The objects of the university are,

(

a) to provide undergraduate and postgraduate university programs with a

primary focus on those programs that are innovative and responsive to the

individual needs of students and to the market-driven needs of employers;

(

b) to advance the highest quality of learning, teaching, research and

professional practice;

(

c) to contribute to the advancement of Ontario in the Canadian and global

contexts with particular focus on the Durham region and Northumberland

County; and

(

d) to facilitate student transition between college-level programs and

university-level programs.

Powers

5. The university has all the powers necessary

and incidental to its objects.

Degrees, etc.

6. The university may confer degrees, honorary

degrees, certificates and diplomas in any and all branches of learning.

Affiliation

7. The university may contract, affiliate or

federate with other universities, colleges, research institutions and

institutions of learning on such terms and for such periods of time as the

board may determine.

Board of governors

(1) There shall be a board of

governors of the university, consisting of not more than 25 members, as

follows:

1. The president of the university, by virtue of office.

2. The chancellor of the university, by virtue of office.

3. Three members appointed by the Lieutenant Governor in Council.

4. At least 12 and not more than 16 members, as may be set out in the

by-laws of the university, appointed by the board, at least six of whom shall

be members of the board of governors of the college but who are not employees

or students of the college.

5. Four members who are students or employees of the university and who

are elected by the relevant constituencies of the university.

By-law respecting elections

(2) The board shall by by-law determine the manner and

procedure for the election of members described in paragraph 5 of subsection

(1) and eligibility requirements for election to the board.

Term

(3) Subject to subsection (4), the term of office for an

elected or appointed member of the board shall be not more than three years,

as determined by by-law.

Same

(4) The term of office for a member of the board who is a

student of the university shall be one year.

Reappointment

(5) A member of the board is eligible for reappointment or

re-election.

Limitation

(6) A person elected or appointed to the board under subsection

(1) may not be a member of the board for more than six consecutive years, but

is eligible for reappointment or re-election after one year's absence from

the board.

Vacancies

(7) A vacancy on the board occurs if,

(

a) a member resigns or ceases to be eligible for appointment or election

to the board;

(

b) a member is incapable of continuing to act as a member and the board

by resolution declares the membership to be vacated; or

(

c) the board by resolution declares a membership to be vacated for

failure to attend sufficient meetings, as provided in the by-laws of the

university.

Same

(8) If a vacancy on the board occurs before the term of office

for which a member has been appointed or elected has expired, the vacancy

shall be filled in a timely fashion, as provided in the by-laws, in the same

manner and by the same body as the member whose membership is vacant was

elected or appointed and the new member shall hold office for the remainder

of the unexpired portion of the term of the member he or she is

replacing.

Same

(9) A person elected or appointed to the board under subsection

(8) may be reappointed or re-elected upon the expiry of the term that he or

she was elected or appointed to complete, but is eligible for further

reappointment or re-election only after one year's absence from the

board.

Member on both boards

(10) Despite the requirements of paragraph 4 of subsection (1),

if a person who is a member of both the board of the university and the board

of governors of the college ceases to be a member of the board of the

college, he or she may continue as a member of the board of the university,

but is not eligible for reappointment to the board of the university in a

position designated for a person who is a member of both boards.

Same

(11) A person who continues his or her membership on the board

under subsection (10) shall be deemed to be a member of the board of

governors of the college for purposes of calculating the six members referred

to in paragraph 4 of subsection (1).

Quorum

(12) A quorum of the board consists of a majority of its

members and that majority must include at least half of the members who are

not students or employees of the university.

Chair, vice-chair

(13) The board shall elect annually a chair and at least one

vice-chair from among its members who are not students or employees of the

university and shall fill any vacancy in the office of chair or vice-chair

from among such members.

Duties

(14) The chair shall preside over the meetings of the board and

if the chair is unable to act or if the position is vacant, a vice-chair

shall act in his or her place and, if both the chair and vice-chair are

unable to act, the board may appoint a member who is not a student or

employee of the university to act temporarily in their place.

Powers and duties of board

(1) The board is responsible for

governing and managing the affairs of the university and has the necessary

powers to do so, including the power,

(

a) subject to

section 3, to determine the mission, vision and values of

the university;

(

b) to establish academic, research, service and institutional policies

and plans and to control the manner in which they are implemented;

(

c) to appoint and remove the chancellor;

(

d) to appoint and remove the president;

(

e) to appoint, promote, suspend and remove members of the teaching staff

and of the administrative staff of the university;

(

f) to establish faculties, schools, institutes and departments and to

establish chairs and councils in any faculty, school, institute or department

of the university;

(

g) to govern standards for the admission of students to the university

and for graduation;

(

h) to govern matters arising in connection with the award of fellowships,

scholarships, medals, prizes and other awards for academic achievement;

(

i) to appoint committees and assign or delegate to them such duties and

responsibilities as may be provided in the by-laws of the university,

including authorizing them to act on behalf of the board in the matters

specified in the by-laws;

(

j) to approve the annual budget of the university and to monitor its

implementation;

(

k) to establish and collect fees and charges for tuition and other

services that may be offered by the university or that may be approved by the

board on behalf of any organization or group of the university;

(

l) to regulate the conduct of students, staff and all persons who use the

property of the university, including denying any person access to the

property;

(

m) to define, for the purposes of the by-laws, the following terms:

student, staff, employee, manager, professor, associate professor, assistant

professor, lecturer, associate, instructor and tutor;

(

n) to conclusively determine which body within the university has

jurisdiction over any matter;

(

o) to determine the manner and procedure for electing members described

in paragraph 5 of subsection 8 (1) to the board, including establishing

constituencies and voting practices; and

(

p) to make by-laws, resolutions and rules for the conduct of its

affairs.

Limitation

(2) The board shall not appoint, promote, suspend or remove a

member of the teaching staff or of the administrative staff except on the

recommendation of the president who shall be governed by the terms of any

applicable commitments and practices of the university.

Standard of conduct

(3) Every member of the board shall exercise the powers and

carry out the duties of his or her office diligently, honestly, in good

faith, in the best interests of the university and in accordance with any

other criteria set out in the by-laws of the university.

Conflict of interest

(4) A member of the board or of a committee created by it who

has a conflict of interest, as defined in the by-laws or conflict of interest

policies of the university, as the case may be, in a matter in which the

university is concerned shall declare his or her interest as soon as possible

and no later than at the first meeting at which the matter is to be

considered and, if required by the by-laws or policies, shall withdraw from

the meeting during the discussion of the matter and shall not vote on the

matter.

Exception, member of college board

(5) A member of the board does not have a conflict of interest

by virtue only of the fact that he or she is also a member of the board of

governors of the college and, despite subsection (4), any such member may

take

part in discussing and voting on issues before the board of either the

university or the college concerning the university or the college unless the

discussion and voting deals with the circumstances of the particular member

as an isolated issue, separate and apart from general matters affecting the

university or the college.

Exception, employee

(6) Despite sub

Document details

Collection	Ontario — Bills
Citation	Bill 65, 37-3
Type	bill
Volume / chapter	p37 s3 bill 65 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	7821b64ef9809e3431bca2f57d337cbd96c05894

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