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Bill PR28, Huron University College Act, 2020

Sattler, Peggy

Royal Assent received. Statutes of Ontario 2020,

chapter Pr7

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Royal Assent

Original

Bill PR28 Royal Assent (PDF)

Bill PR28 2020

Act respecting Huron University College

Preamble

The Huron University College Corporation has applied for

special legislation to enact a new Act in order to alter its organizational and

administrative structures and to change its name to Huron University College.

The

applicant represents that it was incorporated by

An Act to

Incorporate “Huron College” , being

chapter 31 of the Statutes of the

Province of Canada, 1863 (26 Victoria), that it was continued by The Huron College Act, 1958 , which was amended in 1964

and 1975, and continued under its current name by the Huron

University College Act, 2000 .

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,

“Academic

Council” means the Academic Council of Huron University College;

“Board” means the Board of Governors of Huron

University College;

“Huron”

means Huron University College.

The

Huron University College Corporation continued

(1) The

Huron University College Corporation is continued as a corporation without

share capital under the name Huron University College.

First

Board

(2) The

members of the executive board of The Huron University College Corporation who

are in office immediately before this Act comes into force shall be the first

Board of the corporation continued under subsection (1).

Same

(3) The

first Board shall, no later than 12 months after the day this Act comes into

force, elect or appoint members to the Board to ensure that the Board is

constituted in accordance with the requirements of

section 4, and each member

of the Board so appointed or elected shall hold office for such term as is

determined by the Board, to ensure an effective succession of members of the

Board.

Academic

council

(4) The

members of the Academic Council of The Huron University College Corporation who

are in office immediately before this Act comes into force shall be the first

Academic Council of the corporation continued under subsection (1).

First

President

(5) The

person serving as Principal of The Huron University College Corporation

immediately before this Act comes into force shall be the president of the

corporation continued under subsection (1) and shall remain in office until the

expiry of his term in office.

Property

(6) All

real and personal property which, immediately before this Act comes into force,

was vested in The Huron University College Corporation continues, subject to

this Act, to be vested in the corporation continued under subsection (1).

Reference

to former name

(7) Any

reference to Huron College, Huron University College or The Huron University

College Corporation in an agreement or other document, other than a degree,

honorary degree, title, diploma or certificate conferred before this Act comes

into force, is deemed to be a reference to the corporation continued under

subsection (1).

Objects

(1) The

objects of Huron are,

(

a) to

operate a post-secondary institution that,

(

i) provides

post-secondary programs leading to the conferring of degrees, titles, diplomas

and certificates in divinity, and

(ii) offers

other post-secondary programs pursuant to the terms of an affiliation with

another institution of higher learning; and

(

b) for

the further attainment of its objects, to acquire, accept, solicit or receive,

by purchase, lease, contract, donation, legacy, gift, grant, bequest or

otherwise, any kind of real or personal property and to hold, manage, sell or

convert such property and to enter into and carry out agreements, contacts and

undertakings incidental thereto.

Powers

(2) For

the purposes of carrying out its objects, Huron may,

(

a) confer

the degrees of Bachelor of Divinity, Master of Divinity, and Doctor of

Divinity;

(

b) confer

titles, diplomas and certificates in divinity;

(

c) confer

honorary degrees in divinity;

(

d) appoint

committees, including a committee to make recommendations for conferring

honorary degrees in divinity, and delegate to such committees the authority to

act for the Huron;

(

e) affiliate

Huron with any other institution of higher learning, and dissolve any such

affiliation; and

(

f) make

by-laws for the conduct of its affairs.

Board

(1) Except

for the matters assigned by this Act to the Academic Council, the affairs of

Huron shall be managed by the Board.

Members

of the corporation

(2) The

persons composing the Board shall constitute the members of the corporation

continued under subsection 2 (1).

Composition

(3) The

members of the Board shall be,

(

a) the

Bishop of the Diocese of Huron in the ecclesiastical province of Ontario of the

Anglican Church of Canada or the Bishop’s designate;

(

b) the

Chancellor of Huron, if one is appointed;

(

c) the

President of Huron;

(

d) the

President of the Huron Students’ Council;

(

e) the

Dean of the Faculty of Arts and Social Sciences;

(

f) the

Dean of the Faculty of Theology;

(

g) no

fewer than ten and no more than 25 persons, other than students, employees or

faculty members of Huron, or the spouse, parent or child of any of the

foregoing, to be elected by the Board and to hold office for a term of four

years, or such shorter period as the Board may determine, and who shall be

eligible for re-appointment; and

(

h) two

tenured members of the Huron faculty, one from each of the Faculty of Arts and

Social Sciences and the Faculty of Theology, who shall hold office for a term

of four years, but shall cease to hold office upon ceasing to be a full-time

member of the faculty of Huron, and who shall be eligible for re-appointment.

Vacancies

(4) If

a member of the Board appointed under clause (3) (

g) is absent from three

consecutive meetings without leave of the Board entered in its minutes, the

Board may by resolution declare his or her membership on the Board vacant.

Chair

(5) The

Board shall elect a chair from among the members appointed under clause (3) (

g) to hold office for a term determined by the Board.

Same

(6) The

Board may appoint any of its members to act in the place of the chair if the

chair is absent from any meeting of the Board.

Secretary

(7) The

Board shall appoint one of its members as secretary of the Board who shall

attend all meetings of the Board and who shall be entitled to vote.

Powers

of Board

The

Board may,

(

a) make

by-laws for the conduct of its affairs;

(

b) appoint

committees and delegate to any such committee the authority to act for the Board;

(

c) appoint

the President, Deans and faculty members of Huron, and all other officers and

employees as it considers necessary for the purposes of Huron, establish their

duties, fix their remuneration, determine their tenure of office and provide

for their retirement and superannuation;

(

d) appoint

a chancellor, to serve as the titular head of Huron, for such term of office as

the Board determines;

(

e) establish

departments and chairs in any subjects taught at Huron;

(

f) enter

into agreements for the founding, establishment or maintenance of chairs,

scholarships, prizes, bursaries and other awards;

(

g) manage

the buildings, residences and other properties operated and maintained by Huron;

(

h) fix

the fees to be paid for academic and ancillary services;

(

i) expend

funds as it may consider necessary for the support and maintenance of Huron,

including for the betterment of existing buildings, for the erection of new

buildings and for the furnishing and equipment of such existing and newly

erected buildings;

(

j) subject

to the limitations imposed by any trust, invest its money in such manner as it

sees fit; and

(

k) purchase,

acquire, and dispose of all real and personal property as it may consider

necessary for the purposes of Huron.

Academic

Council

(1) There

shall be an Academic Council of Huron composed of,

(

a) the

President, the Deans, all full professors on the full-time faculty and the

Chief Librarian of Huron;

(

b) nine

persons elected by the associate professors, assistant professors, and other

members of the full-time faculty of Huron, other than full professors, from

among their number;

(

c) three

persons appointed by the Board, who need not be members of the Board;

(

d) the

President of the Huron Students’ Council, the Theological Representative on the

Huron Students’ Council and the Academic Representative on the Huron Students’ Council;

and

(

e) four

Huron students appointed by the Huron Students’ Council.

Term

of office

(2) The

members of the Academic Council elected under clause (1) (

b) shall hold office

for a term of four years but shall cease to hold office upon ceasing to be a

full-time member of the faculty of Huron.

Same

(3) The

members of the Academic Council appointed under clause (1) (

c) shall hold

office for a term of four years and are eligible for re-appointment.

Same

(4) The

members of the Academic Council appointed under clause (1) (

e) shall hold

office for a term of one year, or until they cease to be registered as Huron

students, and are eligible for re-appointment.

Vacancy

(5) A

vacancy in a membership on the Academic Council may be filled by appointing or

electing a person in the same manner and by the same authority as the vacating

member was appointed or elected and the person appointed or elected to fill the

vacancy shall remain in office for the remainder of the vacating member’s term

of office.

Chair

(6) The

President of Huron shall be chair of the Academic Council.

Quorum

(7) The

Academic Council shall determine the number of members that constitutes a

quorum for the purpose of conducting meetings, which shall be not less than

one-third of its members.

Same

(8) The

Academic Council may exercise any of its powers so long as there are in office

on the Academic Council at least one-half of the number of members required by

subsection (1).

Powers

of Academic Council

(1) The

Academic Council may,

(

a) make

rules for the conduct of its affairs;

(

b) determine

all matters relating to the academic life of Huron, including the standards of

admission to and continued registration in Huron, the qualifications for

graduation and for conferring degrees, titles, diplomas and certificates and

the curricula of programs and courses;

(

c) determine

all matters related to examinations and the appointment of examiners; and

(

d) consider

and decide all applications for admission to courses in Arts and Theology and

recommend to the Board all candidates for degrees, other than honorary degrees

in Theology, titles, diplomas and certificates.

Limitation

(2) The

powers under clauses (1) (b), (

c) and (

d) are subject to the terms of any

affiliation agreement to which Huron is a party.

President

(1) The

Board shall appoint a President of Huron, who may be a professor or officer of

Huron, or any other person.

Chief

executive officer

(2) The

President shall be the chief executive officer of Huron and shall have

supervision over and direction of the academic and general administration of

the corporation and such other duties as may be conferred upon him or her by

the Board.

Vice-chancellor

(3) In

the event that the Board appoints a chancellor, the President shall also be the

vice-chancellor of Huron.

Property

(1) All

real property vested in Huron is deemed, for the purpose of the application of

any statute of limitations, including any statute limiting or defining the

period for investigation of titles, to have been and to be real property vested

in the Crown in right of Ontario for the public uses of the Province of Ontario.

Same

(2) The

real property vested in Huron shall not be liable to be entered upon, used or

taken by any corporation, except a municipal corporation, or by any person

possessing the right of taking land compulsorily for any purpose, and no power

to expropriate real property conferred after this Act comes into force shall

extend to such real property unless the Act conferring the power to expropriate

expressly provides that the power applies to the real property vested in the corporation.

Auditors

(1) The

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

transactions of Huron.

Financial

report

(2) The

Board shall submit an annual financial report to the Minister of Colleges and Universities

in the form and containing the information that may be required by the

Minister.

By-laws

The

by-laws of Huron shall be open to examination during normal business hours and

shall be published from time to time in the manner the Board considers

appropriate.

Revocation

The Huron University College Act, 2000 is repealed.

Commencement

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

Short

title

The

short title of this Act is the Huron University

College Act, 2020 .

Bill PR28 Original (PDF)

EXPLANATORY

NOTE

The

purpose of the Bill is set out in the

Preamble.

Bill PR28 2020

Act respecting Huron University College

Preamble

The Huron University College Corporation has applied for

special legislation to enact a new Act in order to alter its organizational and

administrative structures and to change its name to Huron University College.

The

applicant represents that it was incorporated by

An Act to

Incorporate “Huron College” , being

chapter 31 of the Statutes of the

Province of Canada, 1863 (26 Victoria), that it was continued by The Huron College Act, 1958 , which was amended in 1964

and 1975, and continued under its current name by the Huron

University College Act, 2000 .

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,

“Academic

Council” means the Academic Council of Huron University College;

“Board” means the Board of Governors of Huron

University College;

“Huron”

means Huron University College.

The

Huron University College Corporation continued

(1) The

Huron University College Corporation is continued as a corporation without

share capital under the name Huron University College.

First

Board

(2) The

members of the executive board of The Huron University College Corporation who

are in office immediately before this Act comes into force shall be the first

Board of the corporation continued under subsection (1).

Same

(3) The

first Board shall, no later than 12 months after the day this Act comes into

force, elect or appoint members to the Board to ensure that the Board is

constituted in accordance with the requirements of

section 4, and each member

of the Board so appointed or elected shall hold office for such term as is

determined by the Board, to ensure an effective succession of members of the

Board.

Academic

council

(4) The

members of the Academic Council of The Huron University College Corporation who

are in office immediately before this Act comes into force shall be the first

Academic Council of the corporation continued under subsection (1).

First

President

(5) The

person serving as Principal of The Huron University College Corporation

immediately before this Act comes into force shall be the president of the

corporation continued under subsection (1) and shall remain in office until the

expiry of his term in office.

Property

(6) All

real and personal property which, immediately before this Act comes into force,

was vested in The Huron University College Corporation continues, subject to

this Act, to be vested in the corporation continued under subsection (1).

Reference

to former name

(7) Any

reference to Huron College, Huron University College or The Huron University

College Corporation in an agreement or other document, other than a degree,

honorary degree, title, diploma or certificate conferred before this Act comes

into force, is deemed to be a reference to the corporation continued under

subsection (1).

Objects

(1) The

objects of Huron are,

(

a) to

operate a post-secondary institution that,

(

i) provides

post-secondary programs leading to the conferring of degrees, titles, diplomas

and certificates in divinity, and

(ii) offers

other post-secondary programs pursuant to the terms of an affiliation with

another institution of higher learning; and

(

b) for

the further attainment of its objects, to acquire, accept, solicit or receive,

by purchase, lease, contract, donation, legacy, gift, grant, bequest or

otherwise, any kind of real or personal property and to hold, manage, sell or

convert such property and to enter into and carry out agreements, contacts and

undertakings incidental thereto.

Powers

(2) For

the purposes of carrying out its objects, Huron may,

(

a) confer

the degrees of Bachelor of Divinity, Master of Divinity, and Doctor of

Divinity;

(

b) confer

titles, diplomas and certificates in divinity;

(

c) confer

honorary degrees in divinity;

(

d) appoint

committees, including a committee to make recommendations for conferring

honorary degrees in divinity, and delegate to such committees the authority to

act for the Huron;

(

e) affiliate

Huron with any other institution of higher learning, and dissolve any such

affiliation; and

(

f) make

by-laws for the conduct of its affairs.

Board

(1) Except

for the matters assigned by this Act to the Academic Council, the affairs of

Huron shall be managed by the Board.

Members

of the corporation

(2) The

persons composing the Board shall constitute the members of the corporation

continued under subsection 2 (1).

Composition

(3) The

members of the Board shall be,

(

a) the

Bishop of the Diocese of Huron in the ecclesiastical province of Ontario of the

Anglican Church of Canada or the Bishop’s designate;

(

b) the

Chancellor of Huron, if one is appointed;

(

c) the

President of Huron;

(

d) the

President of the Huron Students’ Council;

(

e) the

Dean of the Faculty of Arts and Social Sciences;

(

f) the

Dean of the Faculty of Theology;

(

g) no

fewer than ten and no more than 25 persons, other than students, employees or

faculty members of Huron, or the spouse, parent or child of any of the

foregoing, to be elected by the Board and to hold office for a term of four

years, or such shorter period as the Board may determine, and who shall be

eligible for re-appointment; and

(

h) two

tenured members of the Huron faculty, one from each of the Faculty of Arts and

Social Sciences and the Faculty of Theology, who shall hold office for a term

of four years, but shall cease to hold office upon ceasing to be a full-time

member of the faculty of Huron, and who shall be eligible for re-appointment.

Vacancies

(4) If

a member of the Board appointed under clause (3) (

g) is absent from three

consecutive meetings without leave of the Board entered in its minutes, the

Board may by resolution declare his or her membership on the Board vacant.

Chair

(5) The

Board shall elect a chair from among the members appointed under clause (3) (

g) to hold office for a term determined by the Board.

Same

(6) The

Board may appoint any of its members to act in the place of the chair if the

chair is absent from any meeting of the Board.

Secretary

(7) The

Board shall appoint one of its members as secretary of the Board who shall

attend all meetings of the Board and who shall be entitled to vote.

Powers

of Board

The

Board may,

(

a) make

by-laws for the conduct of its affairs;

(

b) appoint

committees and delegate to any such committee the authority to act for the Board;

(

c) appoint

the President, Deans and faculty members of Huron, and all other officers and

employees as it considers necessary for the purposes of Huron, establish their

duties, fix their remuneration, determine their tenure of office and provide

for their retirement and superannuation;

(

d) appoint

a chancellor, to serve as the titular head of Huron, for such term of office as

the Board determines;

(

e) establish

departments and chairs in any subjects taught at Huron;

(

f) enter

into agreements for the founding, establishment or maintenance of chairs,

scholarships, prizes, bursaries and other awards;

(

g) manage

the buildings, residences and other properties operated and maintained by Huron;

(

h) fix

the fees to be paid for academic and ancillary services;

(

i) expend

funds as it may consider necessary for the support and maintenance of Huron,

including for the betterment of existing buildings, for the erection of new

buildings and for the furnishing and equipment of such existing and newly

erected buildings;

(

j) subject

to the limitations imposed by any trust, invest its money in such manner as it

sees fit; and

(

k) purchase,

acquire, and dispose of all real and personal property as it may consider

necessary for the purposes of Huron.

Academic

Council

(1) There

shall be an Academic Council of Huron composed of,

(

a) the

President, the Deans, all full professors on the full-time faculty and the

Chief Librarian of Huron;

(

b) nine

persons elected by the associate professors, assistant professors, and other

members of the full-time faculty of Huron, other than full professors, from

among their number;

(

c) three

persons appointed by the Board, who need not be members of the Board;

(

d) the

President of the Huron Students’ Council, the Theological Representative on the

Huron Students’ Council and the Academic Representative on the Huron Students’ Council;

and

(

e) four

Huron students appointed by the Huron Students’ Council.

Term

of office

(2) The

members of the Academic Council elected under clause (1) (

b) shall hold office

for a term of four years but shall cease to hold office upon ceasing to be a

full-time member of the faculty of Huron.

Same

(3) The

members of the Academic Council appointed under clause (1) (

c) shall hold

office for a term of four years and are eligible for re-appointment.

Same

(4) The

members of the Academic Council appointed under clause (1) (

e) shall hold

office for a term of one year, or until they cease to be registered as Huron

students, and are eligible for re-appointment.

Vacancy

(5) A

vacancy in a membership on the Academic Council may be filled by appointing or

electing a person in the same manner and by the same authority as the vacating

member was appointed or elected and the person appointed or elected to fill the

vacancy shall remain in office for the remainder of the vacating member’s term

of office.

Chair

(6) The

President of Huron shall be chair of the Academic Council.

Quorum

(7) The

Academic Council shall determine the number of members that constitutes a

quorum for the purpose of conducting meetings, which shall be not less than

one-third of its members.

Same

(8) The

Academic Council may exercise any of its powers so long as there are in office

on the Academic Council at least one-half of the number of members required by

subsection (1).

Powers

of Academic Council

(1) The

Academic Council may,

(

a) make

rules for the conduct of its affairs;

(

b) determine

all matters relating to the academic life of Huron, including the standards of

admission to and continued registration in Huron, the qualifications for

graduation and for conferring degrees, titles, diplomas and certificates and

the curricula of programs and courses;

(

c) determine

all matters related to examinations and the appointment of examiners; and

(

d) consider

and decide all applications for admission to courses in Arts and Theology and

recommend to the Board all candidates for degrees, other than honorary degrees

in Theology, titles, diplomas and certificates.

Limitation

(2) The

powers under clauses (1) (b), (

c) and (

d) are subject to the terms of any

affiliation agreement to which Huron is a party.

President

(1) The

Board shall appoint a President of Huron, who may be a professor or officer of

Huron, or any other person.

Chief

executive officer

(2) The

President shall be the chief executive officer of Huron and shall have

supervision over and direction of the academic and general administration of

the corporation and such other duties as may be conferred upon him or her by

the Board.

Vice-chancellor

(3) In

the event that the Board appoints a chancellor, the President shall also be the

vice-chancellor of Huron.

Property

(1) All

real property vested in Huron is deemed, for the purpose of the application of

any statute of limitations, including any statute limiting or defining the

period for investigation of titles, to have been and to be real property vested

in the Crown in right of Ontario for the public uses of the Province of

Ontario.

Same

(2) The

real property vested in Huron shall not be liable to be entered upon, used or

taken by any corporation, except a municipal corporation, or by any person

possessing the right of taking land compulsorily for any purpose, and no power

to expropriate real property conferred after this Act comes into force shall

extend to such real property unless the Act conferring the power to expropriate

expressly provides that the power applies to the real property vested in the corporation.

Auditors

(1) The

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

transactions of Huron.

Financial

report

(2) The

Board shall submit an annual financial report to the Minister of Colleges and

Universities in the form and containing the information that may be required by

the Minister.

By-laws

The

by-laws of Huron shall be open to examination during normal business hours and

shall be published from time to time in the manner the Board considers

appropriate.

Revocation

The Huron University College Act, 2000 is repealed.

Commencement

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

Short

title

The

short title of this Act is the Huron University

College Act, 2020 .

Date Bill stage Event Outcome Committee

December 9, 2020

Royal Assent

Royal Assent received

December 8, 2020

Third Reading

Vote

Carried

December 8, 2020

Third Reading

Question put

December 8, 2020

Second Reading

Ordered for Third Reading pursuant to the Order of the House

December 8, 2020

Second Reading

Vote

Carried

December 8, 2020

Second Reading

Question put

December 8, 2020

First Reading

Motion to arrange proceedings

October 21, 2020

First Reading

Ordered for Second Reading

October 21, 2020

First Reading

Reported without amendment

October 21, 2020

First Reading

Consideration of a Bill

Standing Committee on Regulations and Private Bills

September 24, 2020

First Reading

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

September 24, 2020

First Reading

Vote

Carried

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