1973 Bill 23 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 23 The Universities Amendment Act, 1973 THE MINISTER OF ADVANCED EDUCATION First Reading ............ . Second Reading .. Third Reading .... Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

BILL 23 1973 THE UNIVERSITIES AMENDMENT ACT, 1973 (Asse-nted to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assemhly of Alberta, enacts as follows: 1. The Uni1.Jersities Act is hereby amended.

Section 2 is amended (

a) by adding after clause (

d) the following clause: (d1) "Minister" means the Minister of Advanced Education; (

b) by striking out clause (g).

Section 4, subsection (4) is amended by striking out the words ", after consultation with the Universities Com­ mission and other interested persons". 4. The words "Universities Commission" and "Commis­ sion" are struck out wherever they occur in the following provisions and in each case the word "Minister" is sub­ stituted:

section 8, subsection (1), clause (b), subclause (v) ;

section 10, subsection (2) ;

section 15, subsection (1), clauses (

d) and (e);

section 25, clause (b);

section 26, subsection (3) ;

section 31, subsections (1) and (2) ;

section 52, subsection (3) and subsection (5), clause (b) ;

section 58, subsection (5) ;

section 60, subsections (2) and (3) ;

section 80, subsection (4).

Section 18, subsection (3), clause (

a) is amended by striking out the words "and the Universities Commission".

Explanatory Notes 1. This Bill will amend

chapter 378 of the Revised Statutes of Alberta 1970.

Section 2, clause (

g) presently reads: 2. In this Act, (g) "Universities Commission" or "Commissi,on" means The Alberta Universities Commission established by this Act;

Section 4, subsection (4) presently reads: (4) vVhere an additional university is established under subsecti.on (2), the Lieutenant Governor in Council, after consultation with the Universities Commission and .other interested pel'sons, may (

a) establish an interim governing body for the university; (

b) appoint the members of the int~rim g.overning body and desig­ nate .one .of them as its chairman; (

c) specify the name of the interim gQ'verning body; (

d) confer lOr impose UPQn the interim gQverning bQdy any PQwers .or duties he considers necessary in connection with the carrying .out of its responsibilities. 4. Upon the Proclamation of this Act The Alberta Universities Commission will be dissolved.

Section 18, subsection (3), clause (

a) presently reads:

(3) A board may, (

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

Section 19, subsection (5) is a1nended by striking out the word "Part" and by substituting the word "Act".

Section 31 is amended by striking out subsection (3) and by substituting the follO'luing:

(3) The fiscal year of each university shall be determin­ ed by the Minister.

Section 40 is amended by striking out subsection (4) and by substituting the following:

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

section 4, he may by the same or a subsequent order incorporate a stu­ dents' union for the university with such name as he con­ siders appropriate.

Section 49 is struck out and the following

section is substituted: 49. The power to expropriate land conferred by any statute on a municipality or any other person does not ex­ tend to the land of a university, students' union or graduate students association unless the statute conferring the power is made in express terms to apply to the land of a univer­ sity, the graduate student association or the students' union, as the case may be. 10.

Part 3, being sections 62 to 76, is struck out and the following is substituted:

PART 3 PROVINCIAL UNIVERSITIES - ADMINISTRATION 62. The Minister may delegate to any person or body of persons any of the powers, duties and functions conferred or imposed on him pursuant to this Act. 63. The Minister shall from time to time review, ap­ prove, amend or disapprove requests of a board with re­ spect to expenditures for (

a) new buildings, (

b) maj or alterations or additions to existing buildings, (

c) the leasing of buildings, (

d) major alterations to leased buildings, (

e) the acquisition of land, (

f) the furnishing and equipping of buildings whether owned or leased, (

g) landscaping, paving and the provision of utilities services, and (

h) other facilities of a capital nature. 2

Section 19, subsection (5) presently reads:

(5) The Crown Agencies Employee Relations Act applies to each university and the non-academic employees of the university as if the university were an agency of the Crown under that Part. Corrects a drafting error.

Section 31, subsection (3) presently reads:

(3) The fiscal year of each university shall be the 12-month period fl10m the first day of April in one year until the 31st day of March in the following year. . 8.

Section 40(4) presently reads:

(4) When the Lieutenant Governor in Council establishes an addi­ tional Provincial university under

section 3, he shall also incOTporate a stUdents' uniDn for the university with such name as he considers appropriate.

Section 49 presently reads: 49. The power to expI10priate land conferred by any statute on a municipality or any other person does not extend ,t,o the land of a uni­ versity, stUdents' union, graduate students association or the Univer­ sities Commission unless the statute cDnferring the power is made in express terms tOI apply to the land of a university or the Universities Commission, the graduate student association or the students' union, as the case may be. The changes to this

section involve removing references to the Universities Commission. 10. Minister's powers. 2

64. The Minister may (

a) require each university to submit to him such re­ ports and other information as he requires; (

b) regulate and prohibit (

i) the extension, expansion or establishment of any service, facility or program of study by a university so as to reduce or avoid an undesir­ able or unnecess,ary duplication of a similar service, facility or program of study already provided by a university, and (ii) the establishment of a new school or faculty by a university. 65.

(1) Subject to subsections (2) and (3), the Minis­ ter may from time to time make grants to boards in amounts equal to funds raised by way of a gift or public subscription under the fund raising campaign known as "Three Alberta Universities".

(2) Grants under this

section shall be made only from funds appropriated by the Legislature for the purpose but shall not exceed in the aggregate $25,000,000.

(3) The Minister may make a grant under this

section only where the grants and the funds raised by way of gift or public subscription are to be used for (

a) capital purposes, or (

b) library books other than rare book collections.

Section 77, subsection (3) is amended (

a) by striking out the words "On behalf of The Gover­ nors 'Of the University of Calgary the" and by sub­ stituting the word "The", (

b) by striking out clause (

b) and by substituting the following: (c) (

b) appoint staff and specify their duties and remuneration, by adding the word "and" to the end of clause (

c) and by adding the following clause after clause (c): (

d) make such rules and regulations as it considers necessary for the purpose of carrying on its business and affairs.

Section 78 is struck out and the following

section is substituted: 78.

(1) The chairman shall present the annual proposals for capital expenditures to the Minister for approval and at 3

II.

Section 77, subsection (3) presently reads:

(3) On behalf of T'he Governors'of The University of Calgary the council, for the purpose of advancing the aims, aspirations and objec­ tives of the Banff School of Fine Arts, may (

a) appoint a Director, who is responsible to the council, (

b) appoint staff, and (

c) prepare, establish and operate programs, workshops' and seminars. 12. Annual proposals for capital expenditures at Banff School of Fine Arts. 3

the same time send a copy thereof to The Governors of The University of Calgary.

(2) The Minister shall ensure that the development of the campus is consistent with the terms of the lease with the Department of Indian Affairs and Northern Develop­ ment.

(3) The Provincial Treasurer, on the recommendation of the Minister, shall pay to The Governors of The Univer­ sity of Calgary from the capital sum appropriated by the Legislature, the anlOunts required to complete projects approved pursuant to this section.

(4) The sums paid to The Governors of The University of Calgary under subsection (3) shall be placed in the cap­ ital account of the Banff School of Fine Arts and the account shall be administered by The Governors of The University of Calgary.

Section 79 is struck out.

Section 80 is amended (

a) by striking out subsections (1) and (2) and by substituting the following subsection: 80.

(1) The chairman shall present the annual operating budget to the IV[inister for approval and at the same time send a copy thereof to The Gov­ erners of The University of Calgary. (

b) as to subsection (3), by striking out the words "Universities Commission" and by sUbstituting the words "Provincial Treasurer on the recommenda­ tion of the Minister". 15. Upon the commencem,ent of this

section (

a) all rights, property, liabilities and obligations of The Alberta Universities Commission arising under or by virtue of (

i) this Act, or (ii) The Ultimate Heir Act, become the rights, property, liabilities and obliga­ tions of the Crown, in right of Albe.rta; (

b) any reference whatever to The Alberta Universities Com,mission shall be deemed to be a reference to the Cro'Um in right of Alberta. 4

Section 79 presently reads: 79.

(1) The chairman shall present the annual proposals for capital expenditures .:to The Governors of The University of Calgary, and the Governors shall forward the proposals to the Universities Commission, with comments.

(2) Provided the proposals are consistent with the campus develop­ ment plans, the Universities Commission sha.il.l take the proposals for­ ward to the Capital Development Committee for approval.

(3) The Universities Commission shall pay to The Governors 01' The University of Calgary from the capital sum appropriated by the legis­ lature, the amounts required to comple.te projects approved pursuant to this section.

Section 80 presently reads: 80.

(1) The Chairman shall present the annual operating budget to The Governors of The University of Calgary and ,the Governors shall forward the budget to the Universities Commission, with comments.

(2) Provided the budget is consistent with the academic plan, the Universities Commission shall pass the budget to the Minister of Ad­ vanced Education with the request that an ,operating grant be approved.

(3) The Univertities Commission shall pay The Governors of The University of Calgary the operating grant appropriated by the Legis­ lature, to be placed in the account of the Banff School of Fine Arts and the Governors shall administer the account.

(4) Any annual surplus or deficit shall accrue to the account of ,the Banff School of Fine Arts and shall be reported to the Universities Commission by The Governors of The University of Calgary. 15. Transitional provision. 4

(1) The UltiJnate Heir A.ct is amended (

a) as to

section 2, by striking out clause (b), (

b) by striking out the words "Universities Commis­ sion" wherever they occur in the following provi­ sions and in each case substituting the words "Crown in right of Alberta":

section 3;

section 4;

section 5;

section 6, subsections (1), (2), (4), (5), (6) and (7);

section 7; (

c) by striking out

section 8 and by substituting the following section: 8.

(1) All moneys received by the Crown in right of Alberta as ultimate heir shall be kept in such manner as the Provincial Treasurer considers proper.

(2) The Provincial Treasurer shall pay the an­ nual income from the moneys held in trust to the universities under The Universities Act in such shares as the Minister of Advanced Education con­ siders 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 schol­ arships and assistance in the field of research at the university. 17. This Act C01nes into force on a date or dates to be fixed by Proclamation.

18. Amends

chapter 376 of the Revised Statutes of Alberta

Section 8 of The Ultimate Heir Act presently reads: 8.

(1) All moneys re{!eived by the Universities Commission as' ul­ timate heir shall be kept in such special, consolidated or other trust fund as the Universities Commission considers proper.

(2) The Universitie,s Commission shall pay the annual income from the moneys held in trust pursuant to subsection (1) to the universities under The Universities Act in such shares as the Commission 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 provid­ ing scholarships and assistance in the field of research at the university. 5 Title: 1973 (17th, 2nd) Bill 23, The Universities Amendment Act, 1973