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Bill PR16, Canadian Chinese School of Theology Act, 2019

Wai, Daisy

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Original

Bill PR16 Original (PDF)

EXPLANATORY

NOTE

The

purpose of the Bill is set out in the

Preamble.

Bill PR16 2019

Act respecting the Canadian Chinese School of Theology

Preamble

The

Association of Canadian Chinese Theological Education has applied for special

legislation to incorporate a post-secondary institution under the name Canadian

Chinese School of Theology and to permit the School to grant post-secondary degrees

in the field of theology.

The

applicant represents that the Association of Canadian Chinese Theological

Education was incorporated in 2004 and since 2006 has been operating as a

post-secondary institution in affiliation with Tyndale University College and

Seminary, offering higher education for biblical studies, theology, Christian

education and ministries, scholarship and research under the name Canadian

Chinese School of Theology.

is appropriate to grant the application.

Therefore,

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

the Province of Ontario, enacts as follows:

Definitions

this Act,

“Board”

means the Board of Governors of the School;

“by-law”

means a by-law of the School;

“faculty”

means the employees of the School who teach and includes the head librarian;

“School”

means the Canadian Chinese School of Theology;

“student”

means a person who is registered as a student of the School.

School

incorporated

(1) Canadian

Chinese School of Theology is hereby incorporated as a corporation without

share capital.

Members

(2) The

corporation is composed of the members of the Board, the first of which are set

out in

Schedule 1 and, if the by-laws of the School provide, such additional

persons who are admitted to membership in accordance with the by-laws.

Objects

The

objects and purposes of the School are,

(

a) to

advance post-secondary Christian theological education in the Chinese and

(

b) to

maintain a post-secondary Christian theological school that,

(

i) prepares

students to serve with competence in full-time Christian professions in the

(ii) equips

students not anticipating full-time Christian service for positions of lay

leadership and activity in various Christian ministries in the Chinese and

Conflict

(1) Subject

to subsection (2), in the event of a conflict between this Act and the Corporations Act , this Act prevails.

Same

(2) On

or after the day subsection 4 (1) of the Not-for-Profit

Corporations Act, 2010 comes into force, in the event of a conflict

between this Act and the Not-for-Profit Corporations Act,

2010 , this Act prevails.

Board

of Governors

(1) The

affairs of the School shall be managed by the Board.

Composition

of Board

(2) Subject

to subsections (3) and (4), the composition of the Board and the election or

appointment of its members shall be as set out in the by-laws.

Number

of governors

(3) The

Board shall consist of at least nine and not more than 17 persons.

Citizenship

(4) At

least 51 per cent of the members of the Board must be Canadian citizens or

permanent residents of Canada.

Term

of office

(5) Members

of the Board shall hold office for a term of three years or until their

successors take office.

Restriction

re consecutive terms

(6) No

person shall serve on the Board for more than nine consecutive years, but on

the expiration of one year after having served on the Board for nine

consecutive years, a person is again eligible to be a member of the Board.

Vacancies

(7) If

a vacancy on the Board occurs, the Board may appoint a person to fill the

vacancy for the remainder of the unexpired term of the person whose membership

is vacant and service on the Board for the remainder of an unexpired term shall

not be included in the calculation of the nine consecutive years under

subsection (6).

Quorum

(8) Two-fifths

of the members of the Board constitutes a quorum of the Board.

Opening

quorum sufficient

(9) If

a quorum is present at the opening of a meeting of the members of the Board,

the members present may proceed with the business of the meeting, even if a

quorum is not present throughout the meeting.

Powers

of the Board

(1) The

Board has all powers necessary or convenient to manage the affairs of the

School and to carry out the objects of the School.

Same

(2) Without

limiting the generality of subsection (1), the Board may,

(

a) enact

by-laws for the conduct of its affairs;

(

b) establish,

by by-law, statements of Christian doctrine for the School which shall be

adhered to by the members of the Board and faculty;

(

c) establish

academic and administrative policies of the School;

(

d) establish

an education policy and establish and terminate programs and courses of study;

(

e) appoint

committees of the Board and delegate the power and authority to act for the

Board with respect to any matter or class of matters to any committee, provided

that the majority of the committee is composed of members of the Board;

(

f) grant

the academic degrees, diplomas and certificates set out in Schedules 2 and 3

and any other academic degrees the School is authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000 ;

(

g) federate

or affiliate the School with any other institution of higher learning,

denomination or Christian ministry organization;

(

h) establish

and collect fees and charges for tuition and for services of any kind offered

by the School and collect fees and charges on behalf of any entity,

organization or element of the School;

(

i) borrow

money for the purposes of the School and give security for it on such terms and

in such amounts as it may deem advisable and in accordance with the by-laws;

(

j) invest

all money that comes into the School that is not required to be expended for

any purpose to which it lawfully may be applied, subject always to any express

limitations or restrictions on investment powers imposed by terms of the same,

in such manner as it considers proper and, except where a trust instrument or

otherwise directs, combine trust money belonging to various trusts in its care

into a common trust fund;

(

k) acquire,

accept, solicit or receive by any means any kind of real or personal property,

enter into and carry out agreements and undertakings incidental thereto, hold

any such property and sell, lease, mortgage, dispose of and convey any such

property or any part of such property or interest in it, as the Board may

consider advisable;

(

l) acquire,

accept, solicit or receive any gift of real or personal property, either as an

annual or other contribution or as an addition to the funds of the School;

(

m) appoint

a member of the Board, or any other person, to execute documents and other

instruments on behalf of the Board and, if necessary, to affix the corporate

seal of the School thereto; and

(

n) establish

the fiscal year of the School.

By-laws

The

School shall publish its by-laws in the manner the Board considers proper.

Audit

(1) The

Board shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and the

transactions of the School at least once a year.

Same

(2) A

copy of the audited annual statement shall be made available for inspection by

the public in the manner that the Board considers proper.

Meetings

closed to public

(1) Subject

to subsection (2), meetings of the Board shall be closed to the public.

Exception

(2) If

a majority of the members of the Board present at the meeting agree, a meeting

of the Board may be open to the public or a person who is not a member of the

Board may be invited to a meeting of the Board.

Non-profit

corporation

(1) The

School shall be carried on without the purpose of gain for the members of the

Board and any profits or other accretions to the School shall be used in promoting

its objects.

Same

(2) Members

of the Board shall not benefit in any personal capacity from their service on

the Board.

Dissolution

(1) Subject

to subsection (2), upon the dissolution or winding up of the School and after

payment of all its debts and liabilities,

(

a) if

the Association of Canadian Chinese Theological Education or any of its

successors is a qualified donee at the time of the dissolution or winding up,

the remaining assets of the School shall be distributed to the Association of

Canadian Chinese Theological Education or the successor, as the case may be;

and

(

b) if

clause (

a) does not apply, the remaining assets of the School shall be distributed

to another qualified donee who has objects or purposes that are similar to the

objects of the School, as determined by the Board or a trustee appointed by the

Board prior to the dissolution or winding up of the School.

Qualified

donee

(2) For

the purposes of this section,

“qualified

donee” has the same meaning as in the Income Tax Act

(Canada).

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Canadian Chinese School

of Theology Act, 2019 .

Schedule

Members of the First Board

Chadwin

Mak

Francis

Tam

Harding

Peter

Enoch

Wong

Kok

Swang Tan

Joseph

Wong

Anthony

Chow

Steven

Folts

Schedule

Academic diplomas

1. Diploma

in Christian Studies.

Schedule

Academic degrees

1. Doctor

of Theology.

2. Doctor

of Ministry.

3. Doctor

of Educational Ministry.

4. Master

of Divinity.

5. Master

of Theological Studies.

6. Master

of Educational Ministry.

7. Master

of Religious Education.

8. Master

of Theology.

9. Bachelor

of Religious Education.

Date Bill stage Event Outcome Committee

October 30, 2019

First Reading

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

October 30, 2019

First Reading

Vote

Carried

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