Université de l'Ontario français Act, 2016 — Bill 18 (41st Parliament, 2nd Session)

Bill 18, 41-2

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[41] Bill 18 Original (PDF)

Bill 18 2016

Preamble

The

French language has been an historic and honoured language in Ontario for over

four centuries and is recognized by the Constitution as an official language of

Canada. In Ontario, the French language is recognized as an official language both

in the courts and in education. The Constitution recognizes that the

Franco-Ontarian community has a right to school governance, and the

Franco-Ontarian community already governs a network of 450 primary and

secondary schools, 12 school boards and two community colleges. However,

French-speaking Ontarians currently have limited access to postsecondary

programs in French.

The

Legislative Assembly recognizes the contribution of the cultural heritage of

the French-speaking population of Ontario and wishes to preserve it for future

generations. Indeed, it is in the social and economic interest of the province

to increase access to French-language postsecondary programs in all regions of

the province. The creation of a French-language university in Ontario is a

logical and desirable next step that would enable the Franco-Ontarian community

to attain the institutional completeness in education necessary for it to

flourish, thrive and fulfil its full potential.

Therefore,

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

the Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"board"

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

"Minister" means the Minister of Advanced Education and

Skills Development or any other member of the Executive Council to whom

responsibility for the administration of this Act is assigned or transferred

under the Executive Council Act ; ("ministre")

"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")

established by this Act. ("université")

University

established

(1) A

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 offer a full range of university

degrees and programs in French to help ensure the linguistic, cultural,

economic and social well-being of its graduates and to provide students with

the opportunity to complete all of their university coursework and studies in

French.

Objects

4. The

objects of the university are,

(

a) to

provide French-language undergraduate and postgraduate university programs that

are innovative and responsive to the needs of students, the Franco-Ontarian

community and employers;

(

b) to

advance the highest quality of French-language learning, teaching, research and

professional practice;

(

c) to

contribute to the advancement of the Franco-Ontarian community;

(

d) to

be a university that is governed and administered in French, and where all

services are offered in French;

(

e) to

promote Ontario nationally and internationally, with a particular emphasis on

the economic and cultural contributions of the Franco-Ontarian community;

(

f) to

facilitate exchanges with Ontario's Anglophone and Allophone educators in order

to provide them with an opportunity to be immersed in a French-language

educational space; and

(

g) to

facilitate access to university studies in French for French-speaking students

from remote regions, or low-income families.

Powers

5. The university has

all the powers necessary and incidental to its objects.

Degrees,

etc.

(1) The

university may confer degrees, honorary degrees, certificates and diplomas in

any and all branches of learning.

Official

language

(2) The official language of the university

is French.

Same,

exams

(3) All exams given at the university shall

be given in French unless the board authorizes otherwise.

Affiliation

(1) 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.

Transfers

from other institutions

(2) The university may receive programs,

services and resources from other universities and institutions as may be

transferred to it.

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.

5. Two

members who are students of the university and who are elected by the relevant

constituencies of the university.

6. Two

members who are employees of the university and who are elected by the relevant

constituencies of the university.

Proficiency

in French

(2) All members of the board must be

proficient in French at the time of their appointment or election.

By-law

respecting appointments

(3) The by-laws respecting the appointment

of members under paragraph 4 of subsection (1) shall provide that the members

be selected having regard to equal representation from the regions of Ontario

as set out in the regulations.

By-law

respecting elections

(4) The board shall by by-law

determine the manner and procedure for the election of members described in

paragraphs 5 and 6 of subsection (1) and eligibility requirements for election

to the board.

Term

(5) Subject to subsection (6),

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

(6) The term of office for a

member of the board who is a student of the university shall be one year.

Reappointment

(7) A member of the board is

eligible for reappointment or re-election.

Limitation

(8) 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

(9) 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

(10) 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

(11) A person elected or

appointed to the board under subsection (10) 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.

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

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.

Board

to conduct affairs in French

(2) Despite any by-law, resolution or rule made

under clause (1) (p), the board shall conduct its affairs in French.

Limitation

(3) 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

(4) 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

(5) 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 univer

Document details

Collection	Ontario — Bills
Citation	Bill 18, 41-2
Type	bill
Volume / chapter	p41 s2 bill 18 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9a1a34bf0f659887116ecbd947bab2f433fd26fe

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Université de l&#039;Ontario français Act, 2016 — Bill 18 (41st Parliament, 2nd Session)

Université de l'Ontario français Act, 2016 — Bill 18 (41st Parliament, 2nd Session)