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BILL NO. 44





Government Bill




4th Session, 56th General Assembly
Nova Scotia
45 Elizabeth II, 1996




An Act to Amalgamate The Governors

of Dalhousie College and University and

the Technical University of Nova Scotia

as Dalhousie University





CHAPTER 24
ACTS OF 1996




The Honourable Robert S. Harrison
Minister of Education and Culture




AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
DECEMBER 20, 1996




Halifax
Printed by Queen s Printer for Nova Scotia







An Act to Amalgamate The Governors

of Dalhousie College and University and

the Technical University of Nova Scotia

as Dalhousie University





WHEREAS the mission of the Technical University of Nova Scotia is to contribute to the development of Nova Scotia by providing high quality education, research and community and industry collaboration in architecture, computer science and engineering;

AND WHEREAS the strengthening of computer science, information technology, engineering, advanced technical education and research and a strong college or institute of applied science and technology are fundamental to and cornerstones of the economy and the future of Nova Scotia;

AND WHEREAS the public benefits of advanced technical education and research, as well as provincial economic renewal, can be advanced by an amalgamation of The Governors of Dalhousie College and University and the Technical University of Nova Scotia;

AND WHEREAS with a view to accomplishing these objects, an agreement was made on July 11, 1996, between the Province of Nova Scotia and the two universities by which it was agreed that the universities would be amalgamated;

THEREFORE be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Dalhousie-Technical University Amalgamation Act.

2 In this Act,

(a) "amalgamated university" means Dalhousie and the Technical University as amalgamated and continued by this Act;

(b) "Dalhousie" means The Governors of Dalhousie College and University;

(c) "Technical University" means the Technical University of Nova Scotia.

3 (1) Effective April 1, 1997, The Governors of Dalhousie College and University, a body corporate and politic pursuant to Chapter 104 of the Acts of 1935, An Act Relating to Dalhousie College, and the Technical University of Nova Scotia, a body corporate pursuant to Chapter 463 of the Revised Statutes, 1989, the Technical University of Nova Scotia Act, are amalgamated and continued as a body corporate and politic under a single board of governors and having the name Dalhousie University.

(2) Every Act of the Legislature respecting Dalhousie, including, without restricting the generality of the foregoing, Chapter 24 of the Acts of 1863, An Act for the regulation and support of Dalhousie College, and Chapter 104, applies to the amalgamated university.

(3) Notwithstanding any other enactment, the Board of Governors of the amalgamated university may include up to five additional members nominated by the College Board established pursuant to this Act and approved and appointed by the Board of Governors of the amalgamated university.

(4) For greater certainty,

(a) the amalgamated university is not an agent of Her Majesty in right of the Province; and

(b) a person employed or engaged by the amalgamated university is not an officer, servant or agent of Her Majesty in right of the Province.

4 Effective April 1, 1997,

(a) all right, title and interest of Dalhousie and the Technical University in any real or personal property or otherwise is vested in the amalgamated university;

(b) all the obligations and liabilities of Dalhousie and the Technical University are the obligations and liabilities of the amalgamated university including all employee benefits and entitlements;

(c) in any enactment or in any document, including any deed, lease, agreement, will, trust or debenture, a reference to Dalhousie or the Technical University, whether the reference is by official name or otherwise, shall be held and construed to be a reference to the amalgamated university; and

(d) subject to this Act, the amalgamated university has all of the rights, powers and privileges that Dalhousie and the Technical University had immediately before April 1, 1997.

5 (1) The amalgamated university shall create a College of applied science and technology devoted to the advancement of technical education and research.

(2) The College shall be an academic unit of the amalgamated university, bearing a unique name, having a College Board and an Academic Council, and headed by a Principal.

(3) The College shall be comprised of multiple interrelated professional faculties supported by College and university-wide services.

(4) The Board of Governors of the amalgamated university shall prescribe the terms of reference of the College Board and the Principal.

(5) Subject to the approval of the Board of Governors of the amalgamated university, the Senate of the amalgamated university shall prescribe the terms of reference of the Academic Council.

6 The amalgamated university shall provide to the Minister of Education and Culture, no later than June 30th of each year, for five years immediately after the coming into force of this Act, a report concerning the implementation of this Act including, but not limited to, the effects of the amalgamation on the administrative costs of the amalgamated university and the development of technical and applied sciences.

7 Effective April 1, 1997, every employee of Dalhousie and the Technical University becomes an employee of the amalgamated university, the employment and seniority of each employee with Dalhousie and the Technical University is deemed to be employment and seniority with the amalgamated university, and the continuity of employment and seniority is not broken.

8 (1) For greater certainty, the amalgamated university is a transferee for the purposes of Section 31 of the Trade Union Act and, without limiting the generality of the foregoing,

(a) the amalgamated university is bound by successor rights as determined pursuant to the Trade Union Act; and

(b) subject to the Trade Union Act, the amalgamated university and persons previously employed by Dalhousie or the Technical University who are covered by collective agreements, are bound by the collective agreements as if the amalgamated university were a party to them.

(2) The Public Sector Compensation (1994-97) Act applies to the amalgamated university and employees of the amalgamated university except that, notwithstanding subsection 3(4) of that Act,

(a) Section 23 of that Act does not apply;

(b) the Labour Relations Board may exercise all of its powers under the Trade Union Act but the total effect of any changes to collective agreements shall not increase the total cost of all compensation in respect of all employees to whom the collective agreements changed apply and the pay rates, as defined by the Public Sector Compensation (1994-97) Act, are not more than permitted by that Act; and

(c) no change shall be made in a collective agreement without the approval of the Labour Relations Board in accordance with clause (b).

(3) Where the Labour Relations Board, in applying subsection (1) or (2), determines that those employees of the amalgamated university, who were not previously included in either a bargaining unit of Dalhousie or the Technical University, are to be included in a bargaining unit of the amalgamated university, those employees are deemed to have seniority credits with the amalgamated university equal either to the employment service they had or were credited with as employees of Dalhousie or the Technical University immediately before April 1, 1997.

(4) The right of an employee of Dalhousie or the Technical University immediately before April 1, 1997, to employment with the amalgamated university in a bargaining unit position is not affected by whether that employee was previously employed pursuant to a collective agreement and the employee is deemed to have seniority credits with the amalgamated university equal to the service that the employee was credited with as an employee either of Dalhousie or the Technical University.

(5) In subsections (3) and (4), "employee" means an employee as defined in Section 2 of the Trade Union Act but for greater certainty, does not include those described in subsection 2(2) of that Act.

(6) The Labour Relations Board may exercise its powers pursuant to this Section upon the coming into force of this Act.

9 Notwithstanding any other provision of this Act, Section 71 of the Labour Standards Code does not apply to a period of employment that an employee was credited with as an employee of Dalhousie or the Technical University immediately before April 1, 1997.

10 (1) In this Section,

(a) "Dalhousie Plan" means the Dalhousie University Staff Pension Plan;

(b) "employee" means an employee of the Technical University who, immediately before April 1, 1997, was an employee within the meaning of the Public Service Superannuation Act;

(c) "Fund" means the Public Service Superannuation Fund established pursuant to the Public Service Superannuation Act.

(2) Notwithstanding anything in this Act, until and including March 31, 1998,

(a) each employee is deemed to continue to be a person employed in the public service of the Province for all purposes of the Public Service Superannuation Act and service in the employment of the amalgamated university is deemed to be service in the public service of the Province;

(b) the amalgamated university shall deduct from the salary of each employee such amount as is directed by the Governor in Council to be deducted from the salary of employees in the public service of the Province and shall pay the same to the Minister of Finance, and such amounts when so received shall be paid into and form part of the Fund; and

(c) where by the Public Service Superannuation Act a matching payment is directed to be made into the Fund by the Government or the Minister of Finance or where by that Act a superannuation allowance or other sum is directed to be paid out of the Consolidated Fund of the Province, then, in respect of an employee, the payment, superannuation allowance or other sum shall be paid by the amalgamated university and shall form part of the annual expenses of the amalgamated university.

(3) After March 31, 1998, all employees of the amalgamated university who were members of the Public Service Superannuation Plan continue to be employees within the meaning of the Public Service Superannuation Act unless they elect, in writing in the form approved by the Superintendent of Pensions, to become members of the Dalhousie Plan.

(4) Where an employee of the amalgamated university does not make an election pursuant to subsection (3), clauses (2)(a), (b) and (c) continue to apply with respect to that employee after the expiry of the time for making the election.

(5) Where an employee elects pursuant to subsection (3) to become a member of the Dalhousie Plan,

(a) for the purpose of determining the eligibility of the employee to a deferred superannuation allowance under the Public Service Superannuation Act, service with the amalgamated university is to be recognized; and

(b) for the purpose of determining the eligibility of the employee to a pension under the Dalhousie Plan, service under the Public Service Superannuation Act is to be recognized.

11 The amalgamated university is a successor employer for purposes of the Pension Benefits Act.

12 (1) Chapter 463 of the Revised Statutes, 1989, the Technical University of Nova Scotia Act, is repealed effective April 1, 1997.

(2) Notwithstanding subsection (1), the amalgamated university may award degrees, diplomas or certificates with the designation of the Technical University to students who have been enrolled in a program at the Technical University prior to April 1, 1997.