BILL NO. 107
(as passed, with amendments)
2nd Session, 60th General Assembly
56 Elizabeth II, 2007
Nova Scotia Agricultural College ActCHAPTER 7 OF THE ACTS OF 2008
The Honourable Brooke D. Taylor
Minister of Agriculture
First Reading: December 12, 2007 (LINK TO BILL AS INTRODUCED)
Second Reading: April 24, 2008
Third Reading: May 26, 2008 (WITH COMMITTEE AMENDMENTS)
Royal Assent: May 27, 2008
Be it enacted by the Governor and Assembly as follows:
(c) "degree" means a degree granted by the Board or granted on the recommendation of the faculty council or academic senate of another post secondary institution with which the College has a formal agreement;
(d) "faculty" means full-time employees whose regular assignments include teaching, research and other academic responsibilities as a principal activity, and who hold academic rank as professor, associate professor, assistant professor or lecturer at the College;
4 The College is a post secondary institution and is expected to contribute to the economic and social well being of the Province and the Maritime Region by providing theoretical and practical education, research, knowledge transfer and community and industry collaboration in agriculture, aquaculture, environmental sciences, agri-food science and processing, rural studies and development and other related programs that are of service to the agricultural and rural community and, without restricting the generality of the foregoing, the College may
(b) provide education, training, research, knowledge transfer, extension services and related services to governments, corporations, other bodies and persons consistent with the mandate on terms and conditions the College considers appropriate; and
(e) determine the initial operating policies of the College, subject to this Act, including policies respecting the internal administration of the College, organizational design, human resources, communications, information technology, initial Board policies and by-laws and the provision of corporate services; and
(f) negotiate transitional matters, subject to this Act, including protocols respecting continued provision of any overhead services, information technology, administrative services, data sharing and any other matters that, in the opinion of the Transitional Board, ought to be dealt with.
(4) The nominating committee must consist, in the majority, of members of the Board and one person who is not a member of the Board recommended by either the Nova Scotia Federation of Agriculture or the Minister.
(7) The member of the Board elected pursuant to clause (1)(a) shall be appointed for a term of one year and all other members of the Board shall be appointed or elected for a term not to exceed three years.
(8) A member of the Board continues to hold office after the expiry of the member's term until the member is re-appointed or re-elected, the member's successor is appointed or elected or a period of three months has expired, whichever first occurs.
(10) The Board may fill a vacancy on the Board by appointing a person to fill the unexpired term of office of the former member and an appointment pursuant to this subsection is not a term of office for the purpose of subsection (9).
(12) Notwithstanding subsection (11), a student elected pursuant to clause (1)(a) who graduates before the expiration of the student's term of office on the Board may remain a member of the Board until the expiration of the term of office.
(2) Members of the Board shall be reimbursed for expenses necessarily incurred as part of their duties as members of the Board or a committee of the Board in accordance with a policy adopted by the Board and approved by the Minister.
(4) In the case of the absence or incapacity of the Chair or Vice-chair, or where there is a vacancy in either of those offices, the Board may designate one of its members, other than a person appointed pursuant to clause 12(1)(a), (b) or (c), to act as Chair or Vice-chair, as the case may be, on an interim basis.
16 (1) The Board may make by-laws respecting the calling of its meetings, notice to Board members and the public and the conduct of business at meetings, and generally regulating the conduct of its business and affairs.
(2) Nothing in this Section prevents the members of the Board from meeting in private to discuss matters related to personnel, the acquisition, sale, lease and security of property, labour relations, legal opinions and other similar matters.
(2) The Senate may make by-laws respecting the calling of its meetings, notice to Senate members and the conduct of business at its meetings, and generally regulating the conduct of the business and affairs of the Senate.
(j) subject to ratification by the Board, determine the academic terms on which any faculty, school, institute, department chair or course of instruction may be established or discontinued and on which any agreement for academic co-operation may be made with individuals or groups outside the College; and
(a) a person or committee to review and evaluate any program or service offered by the College, the mandate of the College or any other matter relating to the development, content or delivery of a program or service by the College; or
(2) For the purpose of subsection (1), a person or committee appointed by the Minister has the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act and may examine and inspect any records, documents and things in the possession or under the control of the College and make any inquiries the person or committee thinks appropriate.
(3) A person having custody of records, documents or things referred to in subsection (2) shall make them available to the person or committee appointed by the Minister at the time they are requested.
(2) The Administrator appointed pursuant to subsection (1) shall be paid the remuneration and expenses that the Governor in Council determines and payment shall be made out of the funds of the College.
(5) Where the office of President is or becomes vacant during the appointment of an Administrator, the requirement to appoint a President may be suspended, and while the office of President is vacant, the Administrator shall perform the duties and exercise the powers otherwise vested in the President.
26 (1) The Minister of Transportation and Infrastructure Renewal or a designate of the Minister may establish an inventory of any personal property including, without limitation, motor vehicles and farm machinery owned by Her Majesty in right of the Province, used by the College before the coming into force of this Act and transfer ownership of any such property to the College, on such terms and conditions as the Minister, or the designate, may prescribe.
(2) The College may occupy lands and buildings owned by Her Majesty in right of the Province, used by the College before the coming into force of this Act, on such terms and conditions as the Minister of Transportation and Infrastructure Renewal may prescribe, subject to the approval of the Governor in Council.
(3) Subject to the approval of the Governor in Council, the Minister of any department may, for and on behalf of Her Majesty in right of the Province, execute agreements or other instruments whatsoever deemed necessary or desirable to carry out the intent and purpose of this Section and Section 27.
(2) The Board shall manage, insure, maintain, repair, alter or improve any property owned by the College and may construct or erect on property owned by the College any buildings, structures or other improvements.
(3) Where property is owned by Her Majesty in right of the Province and used by the College for the purpose of the College, the Board shall assess the need for new buildings and repairs or alterations to existing buildings and make recommendations to the appropriate government department.
(5) The Board may enter into an agreement with the Minister of Transportation and Infrastructure Renewal whereby the College assumes responsibility for the maintenance, repair, alteration or improvement of real property of Her Majesty in right of the Province used for the purpose of the College.
(6) Where ownership of real or personal property of Her Majesty in right of the Province is transferred to the College to be used for the purpose of the College, all liabilities and obligations with respect to that property are the liabilities and obligations of the College.
(4) The Minister may approve the annual estimate submitted pursuant to subsection (3) or may, after consultation with the Board, amend the estimate, and the Board shall adopt the annual estimate as approved or amended by the Minister.
30 (1) The Board shall, at the end of each fiscal year, prepare and submit to the Minister, by June 30th of the year unless otherwise determined by the Minister, an annual report of the operations of the College during the preceding fiscal year and the report must include audited financial statements of the College and any other information that the Minister requests.
(2) Upon receipt of the annual report referred to in subsection (1), the Minister shall table the report in the House of Assembly or, if the Assembly is not then sitting, with the Clerk of the Assembly.
31 The Board shall annually appoint a person who is a licensed public accountant, or a firm in which a member is a licensed public accountant, to be the auditor of the College and the auditor shall make all examinations that are, in the opinion of the auditor, necessary to enable the auditor to report accurately on the financial statements of the College and on the state of the financial affairs of the College.
33 (1) Subject to subsections (2) and (3), the Board shall, for the sound and efficient management of any money of the College, establish and adhere to investment policies, standards and procedures that a reasonable and prudent person would apply in respect of a portfolio of investments and loans to avoid undue risk of loss and to obtain a reasonable return.
(2) The Governor in Council may make regulations prescribing or prohibiting the investment of money and prescribing investments or classes of investments in which such money may be invested for the sound and efficient management of any money of the College.
34 (1) Subject to the Provincial Finance Act, the College may, from time to time, borrow or raise money for operating purposes by way of overdraft, line of credit, loan or otherwise upon the credit of the College.
(3) The payment of principal and interest on temporary borrowings pursuant to this Section may be guaranteed by Her Majesty in right of the Province on such terms as may be approved by the Governor in Council.
(3) When securities are pledged or hypothecated by the College as security for a loan that is later paid off, the securities are not thereby extinguished but are still alive and may be re-issued and sold or pledged as if the former pledging had not taken place.
(4) Notes, bonds, debentures and other securities authorized pursuant to this Section shall be in a form, bear a rate or rates of interest and be payable as to principal, interest and premium, if any, in the currency of a country or countries, at times and places and in the amounts and manner and on any other terms and conditions that the Board, with the approval of the Governor in Council, may determine.
(6) The seal of the College may be engraved, lithographed, printed or otherwise mechanically reproduced on a note, bond, debenture or other security, and the signature of the Chair of the Board and the member of the executive committee on a note, bond, debenture or other security may be engraved, lithographed, printed or otherwise mechanically reproduced and has the same effect as if manually affixed, and any such signature is for all purposes valid and binding on the College, notwithstanding that a person whose signature is so reproduced has ceased to hold office.
(7) A recital or declaration in a resolution or the minutes of the Board authorizing the issue or sale of notes, bonds, debentures or other securities, to the effect that the amount of notes, bonds, debentures or other securities is so authorized and is necessary to realize the net sum authorized or required to be raised by way of loan, is conclusive evidence of that fact.
37 The Minister may assign the rights and obligations in an agreement or any class or category of agreements, between the Province and a third party, that the Province has entered into in relation to the College's former activities or mandate, to the College on such terms and conditions as prescribed in the regulations.
39 (1) The Governor in Council may, on the recommendation of the Minister, order the disestablishment of the Board on terms and conditions, and with a disposition of assets and liabilities, that the Governor in Council deems appropriate.
41 (1) No action or other proceeding for damages lies or may be instituted against the Board, a member of the Board, the President, an officer or employee of the College or an agent of the College for any act or omission done in good faith in the execution or intended execution of any power or duty pursuant to this Act or the regulations.
(2) No action or other proceeding for damages lies or may be instituted against the President, a member of the Board or any person acting under the direction of the President or a member of the Board for a debt, liability or obligation of the College or the Board.
(3) No action or other proceeding for damages lies or may be instituted against the College, the Board, a member of the Board, the Administrator or an officer or employee of the College, in respect of any act or omission of a student or students, whether organized as a student association or not, arising out of any association or activity organized, managed, controlled or done, in whole or in part, by a student or students.
(2) Every designated person becomes an employee of the College and ceases to be a person appointed in accordance with the Civil Service Act on the date that the Minister indicates that the person is a designated person.
(5) Every designated person is employed by the College on the same or equal terms and conditions of employment as those under which the person was employed as an employee of the Province until changed by collective agreement or contract of employment.
(7) Subject to Sections 43 and 46, benefits accumulated by a designated person while employed by the Province are vested in the designated person, and the designated person is entitled to receive those benefits from the College.
43 Where, at retirement from the College, a designated person would have been eligible for a public service award either under a collective agreement concluded pursuant to the Civil Service Collective Bargaining Act or under the General Civil Service Regulations made under the Civil Service Act if the person had remained as an employee of the Province,
(a) the Province shall pay to the person, upon retirement, an amount equivalent to the amount of the public service award that it would have paid to the person for the person's years of employment with the Province; and
(b) the College shall pay an amount equivalent to the amount of public service award that would have been paid by the Province if the person had remained as a employee of the Province, less the amount paid pursuant to clause (a).
44 (1) Subject to Section 46, the College is bound by a collective agreement concluded pursuant to the Civil Service Collective Bargaining Act in relation to a designated person as if it were a party to the collective agreement as the employer and as if the collective agreement were concluded pursuant to the Trade Union Act by a bargaining agent certified pursuant to the Trade Union Act.
(2) For greater certainty, the College is a transferee for the purpose of Section 31 of the Trade Union Act and, without limiting the generality of the foregoing, the College is bound by successor rights as determined pursuant to the Trade Union Act.
45 Subject to any applicable collective agreement or contract of employment, each designated person who was covered by the Nova Scotia Public Service Long Term Disability Plan before the coming into force of this Act or was included in a bargaining unit whose collective agreement provided for long term disability benefits under the Nova Scotia Public Service Long Term Disability Plan is, subject to the approval of the Trustees of the Nova Scotia Public Service Long Term Disability Plan, deemed to continue to be a person to whom the Nova Scotia Public Service Long Term Disability Plan applies, unless the College, with the agreement of the bargaining agent representing the employees of the College, establishes its own long term disability plan.
46 (1) The College, in consultation with the bargaining agent representing the employees of the College, shall, before the date on which the designated persons become employees of the College, establish group life, medical and dental plans to provide to employees, including the designated persons.
(2) The plans established by the College pursuant to subsection (1) must contain the same or substantially the same levels of benefit coverage as that provided to employees of the Province under the Province of Nova Scotia Group Life Assurance Plan and the Consolidated Health and Dental Plan at the coming into force of this Section.
(2) On the date of transfer referred to in subsection (1), the person transferred ceases to be an employee of the Province and becomes an employee of the College under the same or equal terms and conditions of employment as those under which the person was employed as an employee of the Province.
(a) "employee at the predecessor College" means an employee defined as a designated person in Section 42 and who, immediately before the coming into force of this Section, was an employee within the meaning of the Public Service Superannuation Act;
(b) "employee of the College" means a person who is employed by the College on or after the coming into force of this Section and who is, at the time such employment commences, an employee within the meaning of the Public Service Superannuation Act;
(a) each employee at the predecessor College 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 College is deemed to be service in the public service of the Province;
(b) each employee of the College is deemed to be a person employed in the public service of the Province for the purpose of the Public Service Superannuation Act and service in the employment of the College is deemed to be service in the public service of the Province;
(c) the College shall deduct from the salary of each employee at the predecessor College and of each employee of the College 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 must be paid into and form part of the Fund; and
(d) 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 at the predecessor College and an employee of the College, the payment, superannuation allowance or other sum must be paid by the College and shall form part of the annual expenses of the College.
49 (1) Notwithstanding Section 48, where, in accordance with an agreement between the College and bargaining agents representing employees of the College, the College establishes a pension plan for the employees of the College
(b) all employees of the College immediately before the date of establishment of the pension plan, who are members of the Public Service Superannuation Fund, 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 pension plan.
(2) Where an employee of the College does not make an election pursuant to clause (1)(b), Section 48 continues to apply with respect to that employee after the expiry of the time for making the election.
(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 College is to be recognized; and
50 Notwithstanding anything contained in this Act, until the Transitional Board is appointed pursuant to this Act, the Minister shall exercise all of the powers and duties of the Board under this Act.
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