Second

Session, 50th General Assembly

Charles III, 2023

BILL 39

AN ACT TO AMEND THE

MEMORIAL UNIVERSITY ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HAGGIE

Minister of Education

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Memorial

University Act to

allow for faculty representation

on the Board of Regents; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE MEMORIAL UNIVERSITY ACT

Analysis

S.26 Amdt.

Term of office

S.30 Amdt.

Filling of vacancies

S.31 Amdt.

Disqualification

S.32 Amdt.

Vacation of appointment as members of board

S.34 Amdt.

Specific powers of board

S.35 Amdt.

Parking and traffic regulations

S.35.1 Amdt.

Fines

S.38 Amdt.

Audit

S.45 Amdt.

Protection from liability

S.49 R&S

Chairperson of convocation

S.55 Amdt.

Term of office

S.65 Amdt.

Prohibition against use of university name, etc.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cM-7

as amended

1. (1) Subsection 26(2) of the Memorial University Act is repealed and

the following substituted:

(2) An elective member

shall vacate the elective member's seat on the board if the elective member

stops being a member of the convocation.

(2) Subsection 26(4) of the Act is amended by

deleting the words "his or her" and substituting the words "the

member's".

2. Subsection 30(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

3. (1) Subsection 31(2) of the Act is repealed and

the following substituted:

(2) Where an appointed

or an elective member of the board, after the member's appointment or election,

(

a) accepts or occupies

the office or position referred to in subsection (1); or

(

b) becomes incapable of

acting as a member,

the member shall

automatically stop being a member of the board, and a declaration of the

existence of the vacancy entered upon the minutes of the board shall be

conclusive evidence of that vacancy.

(2) Section 31 of the Act is amended by adding

immediately after subsection (2) the following:

(3) Subsection (1) and paragraph (2)(

a) do not

apply to a member of the board appointed under paragraph 22(2)(

c) who is a

member of the teaching staff of the university or an affiliated college.

4. (1) Subsection 32(1) of the Act is amended by

(

a) deleting the words "he or she"

wherever they appear and substituting the words "the member"; and

(

b) deleting the words "his or her" and

substituting the words "the

member's".

(2) Subsection 32(2) of the Act is repealed and

the following substituted:

(2) Subsection (1) does not apply to

(

a) the members of the board referred to in

paragraph 22(2)(a); and

(

b) a member of the board appointed under

paragraph 22(2)(

c) who is a member of the teaching staff of the university or

an affiliated college.

(1) Section 34 of the Act is amended by

deleting the words "Minister of Justice" wherever they appear and

substituting the words "Minister of Justice and Public Safety".

(2) Subparagraph 34(1)(f)(

i) of the Act is amended

(

a) deleting the words "he or she" and

substituting the words "the person"; and

(

b) deleting the words "him or her" and

substituting the words "the person".

(3) Subsection 34(5) of the Act is repealed and

the following substituted:

(5) A special constable appointed under subsection (3) shall be supplied by

the board with an identification card and shall, before entering upon the

special constables duties, take and sign, before a Provincial Court judge, the

same oaths or affirmations, with the necessary changes, that are required of

members of the Royal Newfoundland Constabulary under

section 5 of the Royal

Newfoundland Constabulary Act, 1992 and those oaths or affirmations shall

be retained by the board as part of its records.

(4) Subsection 34(8) of the Act is amended by

deleting the reference " Justice and

Other Public Authorities Protection Act " and substituting the

reference " Justice and Public

Authorities Protection Act ".

6. (1) Subsection 35(2) of the Act is amended by

deleting the words "his or her" and substituting the word

"a".

(2) Subsection 35(3) of the Act is amended by

deleting the words "his or her" and substituting the word

"a".

(1) Subsection 35.1(1) of the Act is repealed

and the following substituted:

Fines

35.1

(1) A fine recovered under

section 35 of the Act or under the

regulations under that

section shall be forwarded to the university.

(2) Subsection 35.1(2) of the Act is amended by

deleting the words "Minister of Justice" and substituting the words

"Minister of Justice and Public Safety".

8. Subsection 38(6) of the Act is amended by deleting

the words "he or she" and substituting the words "the auditor

general".

9. Subsection 45(1) of the Act is amended by

deleting the words "his or her" and substituting the word

"the".

Section 49 of the Act is deleted and the

following substituted:

Chairperson of

convocation

49. The chancellor shall be the chairperson of the convocation

and shall confer all degrees.

11. (1) Subsection 55(1) of the Act is amended by

deleting the words "he or she" and substituting the word "being".

(2) Subsection 55(3) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the member"; and

(

b) deleting the words "his or her"

wherever they appear and substituting the words "the member's".

12. Subsection 65(3) of the Act is amended by

deleting the words "him or her" and substituting the words "the

person".

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