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BILL NO. 35





Private Bill




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




An Act to Amend Chapter 106

of the Acts of 1977,

the Université Sainte-Anne Act





Loi modifiant le chapitre 106

des lois de 1977,

la Loi de l'Université Sainte-Anne





CHAPTER 41
ACTS OF 1996




The Honourable Wayne J. Gaudet
Clare




AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
DECEMBER 20, 1996




Halifax
Printed by Queen s Printer for Nova Scotia







An Act to Amend Chapter 106

of the Acts of 1977,

the Université

Sainte-Anne Act





Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 106 of the Acts of 1977, the Université Sainte-Anne Act, is amended by

(a) striking out "de par les" in the tenth line of clause (a) of the French version and substituting "en raison de";

(b) striking out "By-laws" in the first line of clause (c) of the French version and substituting "Règlements"; and

(c) adding immediately after clause (c) the following clause:

(ca) "Chancellor" means the Chancellor of the University;

2 (1) Subsection 3(1) of the French version of Chapter 106 is amended by striking out "Church Point" in the second line and substituting "Pointe-de-l'Église".

(2) Subsection 3(3) of the French version of Chapter 106 is amended by striking out "bénéficiera" in the first and second lines and substituting "bénéficie".

3 Section 4 of the French version of Chapter 106 is amended by striking out "seront" in the third line and substituting "sont".

4 Clause 5(e) of the French version of Chapter 106 is amended by adding "dans tout instrument de fiducie," immediately after "incluses" in the second and third lines.

5 (1) Subsection 6(1) of Chapter 106 is amended by adding "the Chancellor," immediately after "of" in the second line.

(2) Clauses 6(3)(b) and (c) of Chapter 106 are repealed and the following clauses substituted:

(b) the President of the Association des anciens élèves et amis and one other member of the Association from those nominated by the Association; and

(c) two members of the student body from those nominated by the Association générale des étudiants de l'Université Sainte-Anne.

6 (1) Subsection 7(1) of Chapter 106 is repealed and the following subsections substituted:

(1) The Directors shall serve for terms not exceeding three years.

(1A) The Directors are eligible for re-appointment except that no Director may serve for more than three consecutive terms.

(1B) After having served three consecutive terms on or having resigned from the Board, a person must wait three years before being re-elected to the Board.

(2) Subsection 7(2) of the French version of Chapter 106 is amended by striking out "devra" in the first line and substituting "doit".

(3) Section 7 of Chapter 106 is further amended by adding immediately following subsection (2) the following subsections:

(2A) Notwithstanding subsection (1A), the chairman shall be elected for a term of three years.

(2B) Notwithstanding subsections (1) and (1A), the chairman may be re-elected for a second term if the first term ends before or at the same time as the expiration of three consecutive terms as a member of the Board.

(4) Subsection 7(3) of the French version of Chapter 106 is amended by striking out "terme" in the eighth line and substituting "mandat".

7 Section 8 of Chapter 106 is amended by

(a) striking out the portion preceding clause (a) of the French version and substituting the following:

8 Le Conseil gouverne, conduit, gère et contrôle l'Université et ses propriétés, ses revenus, ses dépenses, ses affaires et il a tous les pouvoirs nécessaires ou requis pour accomplir ses devoirs et atteindre les buts de l'Université; sans limiter les pouvoirs généraux précédemment conférés, le Conseil peut:

(b) striking out "ainsi que pour" in the fourth and fifth lines of clause (a) of the French version and substituting "et";

(c) striking out "assemblées" in the sixth line of clause (a) of the French version and substituting "collations des grades";

(d) striking out clause (c) and substituting the following clause:

(c) subject to the by-laws, appoint and remove the President, the deans of faculties, the heads of departments and schools, administrative staff including vice-presidents, if any, and such other academic staff and officers as the Board considers necessary or expedient for the purposes of the University;

(e) striking out the comma in the first line of clause (d) of the French version and substituting "d'employés, ainsi que";

(f) adding "aux" immediately after "et" in the fourth line of clause (d) of the French version;

(g) striking out "jugera" in the third line of clause (e) of the French version and substituting "juge";

(h) striking out "des" in the fifth line of clause (e) of the French version and substituting "de";

(i) striking out clause (f) and substituting the following clause:

(f) determine the manner of electing the Directors of the Board, the rules of procedure of meetings of the Board, and the quorum for those meetings and regulating the attendance of Directors at meetings;

(j) striking out "la suspension et l'expulsion" in the fourth and fifth lines of clause (h) of the French version and substituting "de suspensions et d'expulsions";

(k) striking out "; par ailleurs," in the seventh line of clause (j) of the French version and substituting "et";

(l) striking out "laquelle" in the fifth line of clause (k) of the French version and substituting "lesquels";

(m) striking out "spécifiques" in the second line of clause (l) of the French version;

(n) striking out ", et ce," in the third line of clause (l) of the French version and substituting "et"; and

(o) striking out "afin d' " in the fifth line of clause (l) of the French version and substituting "pour".

8 (1) Subsection 9(1) of Chapter 106 is repealed.

(2) Subsection 9(2) of the French version of Chapter 106 is repealed and the following subsection substituted:

(2) Le recteur assume la supervision générale du travail pédagogique et administratif de l'Université, du personnel enseignant, des administrateurs et des employés et détient tout autre pouvoir et devoir qui peuvent lui être conférés ou assignés par le Conseil.

(3) Subsection 9(3) of the French version of Chapter 106 is amended by

(a) striking out "aura" in the third line and substituting "a";

(b) adding "aux" immediately before "promotions", "suspensions", "renvois" and "cessations" in the second, third and fourth lines of clause (a);

(c) striking out "devra" in the eighth line of clause (a) and substituting "doit";

(d) adding "les" immediately before "promotions", "renvois", and "cessations" in the second, third and fourth lines of clause (c); and

(e) striking out "suspension" in the third line and substituting "les suspensions".

9 Section 10 of the French version of Chapter 106 is amended by

(a) striking out "bond" in the third line and substituting "bon";

(b) striking out "ne sera" in the fourteenth line and substituting "n'est"; and

(c) striking out "sera" in the fifteenth line and substituting "est".

10 Section 11 of the French version of Chapter 106 is amended by striking out "ne sera" in the second line and substituting "n'est".

11 Section 12 of Chapter 106 is amended by

(a) striking out "four" in the first line of clause (a) and substituting "three"; and

(b) striking out "chartered accountant" in the seventh line of clause (b) and substituting "firm of chartered accountants".

12 Chapter 106 is further amended by adding immediately after Section 12 the following Section:

12A The English and French versions of this Act are equally authoritative.

13 Section 13 of the French version of Chapter 106 is amended by striking out "Church Point, ne sera" in the third line and substituting "Pointe-de-l'Église, n'est".

14 Section 14 of the French version of Chapter 106 is amended by striking out "auront" in the sixth line and substituting "ont".

15 Section 16 of the French version of Chapter 106 is repealed and following Section substituted:

16 Cette loi n entre en vigueur que lorsque le gouverneur en conseil l ordonne et le déclare par proclamation.