BILL NO. 75
1st Session, 57th General Assembly
47 Elizabeth II, 1998
King's College Act
First Reading: November 16, 1998
Second Reading: November 17, 1998
Third Reading: November 26, 1998 (WITH COMMITTEE AMENDMENTS)
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the King's College Act.
2 In this Act,
(a) "Alumni Association" means the Alumni Association of King's College;
(b) "Board" means the Board of Governors of the University of King's College, incorporated by Chapter 4 of the Acts of 1789;
(c) "Faculty" means the librarian and those persons who are appointed as the full-time teaching faculty of the University, including professors, associate professors, assistant professors, lecturers and senior fellows;
(d) "Student Union" means the Society of the Students' Union of the University of King's College, incorporated pursuant to the Societies Act.
(e) "University" means the University of King's College.
(f) "Visitor" means the Lord Bishop of the Diocese of Nova Scotia.
3 The Board of Governors of the University of King's College is hereby continued as a body corporate.
4 The objects of the Board are to conduct, govern and operate the University.
5 The Board has all the powers of a natural person and, without restricting the generality of the foregoing, may
(a) acquire, hold, occupy, enjoy, lease, mortgage, sell and convey real and personal property;
(b) borrow money on the credit of the Board and give security therefor;
(c) make by-laws, rules and regulations
(ii) for the calling and conduct of meetings,
(iii) for the appointment of committees and prescribing their powers and duties,
(iv) respecting the appointment, terms of office, duties and removal of professors, instructors and other servants and agents, both academic and administrative,
(v) respecting the instruction, discipline and government of students, and
(vi) respecting any other matter or thing in respect of which the Board has power or authority;
(d) enter into an agreement with any university, college, school or other institution of learning or with any other person, body or corporation, whether public or private, respecting co-operation in the exercise of any rights, powers, privileges or functions of a university.
6 (1) On the coming into force of this Act until July 1, 1999, the Board is constituted as provided by Chapter 106 of the Acts of 1960.
(2) On and after July 1, 1999, the Board consists of
(a) the Chancellor of the University;
(b) the President of the University;
(c) the Vice-president of the University;
(d) the Treasurer of the Board;
(e) the Secretary of the Board;
(f) the Lord Bishop of the Diocese of Nova Scotia or the representative of the Lord Bishop of the Diocese of Nova Scotia;
(g) the Lord Bishop of the Diocese of Fredericton or the representative of the Lord Bishop of the Diocese of Fredericton;
(h) four persons elected by the Diocesan Synod of Nova Scotia and the Diocesan Synod of Fredericton, the ratio of representatives from each diocese to be determined by the two dioceses;
(i) the President of the Alumni Association;
(j) three persons elected by the Alumni Association;
(k) four Faculty representatives elected by the Faculty;
(l) the President of the Student Union;
(m) two student representatives elected by the Student Union; and
(n) not more than eight persons elected by the Board for such terms as the Board determines.
(3) Notwithstanding a vacancy in the Board, the remaining members of the Board may exercise all the powers, rights and privileges of the Board and the vacancy does not affect the corporate capacity of the Board.
7 (1) Each member of the Board elected by the Diocesan Synod of Nova Scotia, the Diocesan Synod of Fredericton, the Alumni Association and the Faculty
(a) holds office for a term of two years; and
(b) is eligible for re-election.
(2) Each member of the Board elected by the Diocesan Synod of Nova Scotia, the Diocesan Synod of Fredericton and the Alumni Association shall be elected at the respective annual general meetings of the Synods and the Alumni Association.
(3) The elections of members of the Board by the said Synods and the Alumni Association shall be so conducted and arranged that the terms of office of one half of the members chosen by each of those bodies expire each year, except that, where a Synod is entitled to elect an uneven number of members in excess of one, those elections shall be so conducted and arranged that the term of office of at least one of those members expires each year.
(4) The members of the Board elected by the Faculty shall be elected annually by a majority vote of those present at the first meeting in each academic session called by the Chair of Faculty in such manner that the term of office of at least one of those members expires each year.
(5) Each member of the Board elected by the Students' Union
(a) holds office for a term of one year;
(b) shall be elected at the time of the annual election of the Executive Officers of the King's Students' Union; and
(c) is eligible for re-election.
8 Where a member of the Board who has been elected by the Alumni Association, the Diocesan Synod of Nova Scotia, the Diocesan Synod of Fredericton, the Faculty or the Student Union
(a) ceases to be a member of the Board for any reason other than expiry of that member's term of office, the Executive Committee of the body that elected that member may appoint a person to be a member of the Board for the balance of the term of the member who has so ceased to be a member of the Board; or
(b) ceases to be a member of the body that elected that member, that member ceases to be a member of the Board.
9 (1) The members of the Board shall elect from their number a Chair for a three-year term.
(2) A member of the Board may be re-elected as Chair.
(3) Where a person is Chair and ceases to be a member of the Board, that person continues to be Chair until that person's term of office as Chair expires or otherwise terminates.
(4) Where, for any reason, a person ceases to be Chair before the expiry of that person's term of office as Chair, the members of the Board shall elect from their number a person to be Chair for the balance of that term of office.
10 The Royal Charter, bearing date May 12, 1802, granted by His Majesty King George III, authorizing the "Governors, President and Fellows of King's College at Windsor in the Province of Nova Scotia" to confer degrees, is not affected by this Act, except in so far as may be necessary to give effect to this Act.
11 It is the exclusive role of the Visitor
(a) to keep informed with respect to the affairs of the University;
(b) to provide counsel as the Visitor deems appropriate; and
(c) to administer the Visitor's fund.
12 For greater certainty, each person who is, immediately before July 1, 1999, a member of the Board by reason of being elected to the Board pursuant to Chapter 106 or by reason of holding an office that is not referred to in subsection 6(1) ceases to be a member of the Board on July 1, 1999, but is not disqualified, by reason only of being a member of the Board immediately before July 1, 1999, from being elected to the Board pursuant to this Act and being a member of the Board at any time on or after July 1, 1999.
13 Chapter 106 is repealed.
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