Bill 89 — Fifth Session, 15Th Legislature, 15 Elizab'Et'Ti I~ the Legislative Assembly of Alberta Bill 89 An Act To Amend the Universities Act (Legislature 15, Session 5)

L15 S5 1290

Alberta — Bills

1967 Bill 89 Fifth Session, 15th Legislature, 15 Elizab'et'ti I~ THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 89

An Act to amend The Universities Act THE MINISTER OF EDUCATION First Reading .............................................................. . Second Reading ............. : ........................................... . Third Reading ........................................................... . Printed by 1.. S. WaU, Queen's Printer, Edmonton

BILL 89 1967

An Act to amend The Universities Act (Assented to , 1967) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Universities Act is hereby amended.

Section 8 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) The senate of a university is a corporation.

Section 19 is amended (

a) as to subsection (1), clause (

b) by striking out the words "subsection (2)" and by substituting the words "subsections (2) and (5) ", (

b) as to subsection (2) by adding immediately preced ing the word "staff" the word "academic", (

c) by adding the following subsection after subsection (4) :

(5) Part 2 of The Public Service Act, 1962 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.

Section 26 is struck out and the following is sub stituted: 26. A board shall not incur any liability or make any ex penditure for the purchase of land or the erection of build ings or for any other purpose (

a) unless the liability or expenditure can be provided for out of the annual income of the year or out of other moneys available for the purpose, or (

b) unless the liability or expenditure is approved by the Universities Commission.

Section 29, subsection (1) is amended by adding after the words "borrowings by" the word "or".

Explanatory Notes I. This Bill amends

chapter 105 of the Statutes of Alberta, 1966. ·2. Self-explanatory.

Section 1'9 (1) (

b) and (2) presently read: 19.

(1) A board may, (

b) subject to subsection (2), determine the salaries or remuneration of the officers or employees,

(2) Subject to the approval of the Universities Commission, a board may establish salary and wage scales, and the ranges thereof, for all positions on the staff of the univ€rsity. 4. 'Section 26 presently reads: 26. A board shall not incur any liability or make any expenditure for the purchase .of land or the erection of buildings or for any other pur pose, unless tQe liability or expenditure can be provided for out of the "annual income of the year or unless the liability or expenditure is approved by the Universities Commission and the moneys are available therefor. s. A typographical error is corrected.

-G.

Section 28 is amended by adding the following sub section:

(5) In this

section "purposes of the university" includes: (

a) acquiring any real property; (

b) erecting, repairing, adding to, furnishing or equip ping any building; (

c) the repayment or refunding from time to time of the whole or any part of any borrowings made by the board; (

d) the payment of any other liability or indebtedness of the board; (

e) the carrying out of any of the powers and duties of the board. 7. The following

section is added after

section 30: 30a. Subject to the approval of the Lieutenant Governor in Council, a board may provide for the creation, manage ment and application of sinking funds or other means of securing the repayment of any loan or other means of secur ing the repayment of any loan raised or notes, bonds, deben tures or other securities issued by the board, including the redemption by call of any such securities issued subject to redemption in advance of maturity.

Section 43, subsection (1) is amended by adding the following clause after clause (a) : (a1) may exercise its powers by resolution, except when some other mode of exercising any power is pre scribed by this Act, and

Section 58 is amended by striking out subsection (4) and by substituting the following:

(4) Each year the Universities Co-ordinating Council may submit a budget to the Universities Commission for approval and the Commission shall, in accordance with the approved budget, pay the operating expenses of the Co-ordi nating Council out of the moneys received by the Commis sion from the Government.

Section 60, subsection (4) is amended by striking out the words "a university" in the third line thereof and by substituting the word "universities". 2 11. The following sections are added after

section 68: -G8a.

(1) The Universities Commission (

a) for such purposes as the Lieutenant Governor in Council authorizes, and

Section 28 authorizes debenture borrowing by boards "for the purposes of the university". 7. The university boards of governors are authorized t'Q establish sinking funds for the repayment ,of loans. . 8.

Section 43 (1) (

a) reads: 43.

(1) Any body constituted or continued by or under this Act (

a) may make regulations respecting the calling of meetings of the body and the quorum and conduct of business thereat and gen erally as to the conduct of its affairs, and 9.

Section '58 (4) presently reads:

(4) The operating expenses of the Universities Co-ordinating Council shall be paid by the Universities Commission out of the moneys received by it from the Government. 10. Sectioh 60 (4) presently reads:

(4) The Universities Co-ordinating Council may determine minimum standards for the affiliation of colleges or institutions with a univer sity and may recommend (

a) the affiliation of a college or institution with a university and the terms thereof, and (Ib) the dissolution of any such affiliation or the modification or altering O'f the terms thereof. II. The Universities Commission is authorized to borrow and issue debentures which may be guaranteed by the Province. 2

(b) .. with the approval of the Lieutenant· Governor in Council, may from time to time borrow such sums of money as the Commission may require and may from time to time issue notes, bonds, debentures or other securities which (

c) shall bear interest at such rate or rates as may be determined by the Commission, (d) (e) (

I) shall be in such denomination or denominations as may be determined by the Commission, shall be payable as to principal and interest (

i) in such currency or currencies of such country or countries, (ii) at such place or places, {iii)' atsuch time or times, and' (iv) in such manner, . as may be determined by the Commission, may be made redeemable in whole or in

part in ad vance of maturity (

i) at such time or times, (ii) on such terms, and (iii) at such price or prices, either with or without premium, as may be determined by the Commission, and (

g) may be issued in such amounts as will realize the net sum required by the Commission.

(2) Where the authorizing resolution of the Commission made under subsection (1) contains a recital or declaration that the amount of the notes, bonds, debentures or other securities authorized by the resolution is necessary to realize the net sum required, the recital or declaration is C'onclusive proof of the facts stated therein.

(3) Subject to the approval of the Lieutenant Governor in Council, the Universities Commission may sell or other wise dispose of any notes, bonds, debentures or other secur ities on such terms and condi,tionsas it deems advisable, either at the par value thereof or at less or more than the par value thereof, and may charge, pledge, hypothecate, deposit or deal with any such securities as collateral security.

(4) Any notes, bonds, debentures or other~cui-ities and the coupons, if any, attached thereto, shall be in such form and shall be executed in such manner and by such persons as may be determined by the Universities Commission. 3

68b.

(1) The· principal and interest of any borrowings by or notes, bonds, debentures and other securities issued by the Universities Commission may be guaranteed by the Prov ince of Alberta.

(2) The guarantee, in such form and manner as the Lieu tenant Governor in Council may approve, may be endorsed upon any notes, bonds, dehentures or other securities issued by the Universities Commission and may be signed on behalf of the Province of Alberta by the Provincial Treasurer, the Deputy Provincial Treasurer or by such other person as the Lieutenant Governor in Council may designate.

(3) The signature of the Provincial Treasurer, the De puty Provincial Treasurer or the person designated by the Lieutenant Governor in Council, upon the guarantee is con clusive proof that the relevant provisions of this Act have been complied with.

(4) Where in respect of any notes, bonds, debentures or other securities issued by the Universities Commission it becomes necessary or desirable under the terms of any guar ante~ given on behalf of the Province of Alberta to make payment under the guarantee, such payment may be made upon the order of the Lieutenant Governor in Council (

a) out of the General Revenue Fund, without further appropriation, or (

b) from the proceeds of any loan made under The Provincial Loans Act or the sale of securities owned by the Province. SSc.

(1) The seal of the Universities Commission on any notes, bonds, debentures or other securities of the Commis sion and the signatures of (

a) any person authorized by the Commission to execute the notes, bonds, debentures or other securities or any coupon attached thereto, or (

b) the Provincial Treasurer, the Deputy Provincial Treasurer or the person designated by the Lieuten ant Governor in Council to sign a guarantee that is endorsed on the notes, bonds, debentures or other securities, may he engraved, lithographed, printed or otherwise repro duced on the notes, bonds, debentures or other securities of the Commission or on the guarantee endorsed thereon, as the case may be.

(2) The reproduced signature of any person referred to in subsection (1) is for all purposes deemed to be the signa ture of that person and is binding on the Commission and the Province of Alberta notwithstanding that the person whose signature is reproduced did not hold office at the date of the notes, bonds, debentures or other securities or at the date of delivery thereof. 4

68d. Subject to the approval of the Lieutenant Governor in Council, the Universities Commission may provide for creation, management and application of sinking funds or other means of securing the repayment of any loan or other means of securing the repayment of any loan raised or notes, bonds, debentures or other sec_urities issued by the Com· mission, including the redemption by call of any such seeur· ities issued subj ect to redemption in advance of maturity. 12. This Act COlnes into force on the day upon which it is assented to. 5 Title: 1967 (15th, 5th) Bill 89,

An Act to amend The Universities Act

Document details

Collection	Alberta — Bills
Citation	L15 S5 1290
Type	bill
Volume / chapter	L15 S5 1290
Language	en
Format	json
Source	PROVINCIAL
Identifier	e28743c416b48978f0b141fb768615a20ed38204

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