BILL NO. 223
(as introduced)
2nd Session, 63rd General Assembly
Nova Scotia
69 Elizabeth II, 2020
Government Bill
University Foundations Act
(amended)
The Honourable Labi Kousoulis
Minister of Labour and Advanced Education
First Reading: February 21, 2020
Second Reading: February 27, 2020
Third Reading: March 5, 2020 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 amends the University Foundations Act to
(a) allow the Minister of Labour and Advanced Education to specify financial reports and other information that must be included in a university foundation's annual report; and
(b) remove a requirement for annual reports to be tabled in the Legislature.
Clause 2 updates the name of the Supreme Court of Nova Scotia.
(a) dissolves the university foundations associated with the Atlantic School of Theology, Dalhousie University, Mount Saint Vincent University, Saint Mary's University, St. Francis Xavier University, the Université Saint-Anne and the University of King's College;
(b) revokes the appointments of those foundations' members, officers, employees and auditors;
(c) voids all contracts in relation to those members, officers, employees and auditors;
(d) provides that no action lies against the Province as a result of the dissolutions, revocations and voiding;
(e) transfers the assets and liabilities of the foundations to the universities to which they are affiliated; and
(f) provides that references to the foundations in enactments and documents are to be read as references to their affiliated universities.
Clause 4 amends the definition of "university" in the University Pension Plan Transfer Act to remove a cross-reference to the University Foundations Act.
Clause 5 provides that this Act comes into force upon proclamation.
An Act to Amend Chapter 8
of the Acts of 1991,
the University Foundations Act
Be it enacted by the Governor and Assembly as follows:
1 (1) Subsection 12(1) of Chapter 8 of the Acts of 1991, the University Foundations Act, is amended by
(a) striking out "Advanced Education and Job Training" in the third line and substituting "Labour and Advanced Education".
(b) striking out clause (c) and substituting the following clause:
- (c) such other financial reports or information related to the foundation as may be required by the Minister of Labour and Advanced Education.
(2) Subsection 12(2) of Chapter 8 is repealed.
(3) Subsection 12(3) of Chapter 8 is amended by striking out ", whether or not it has been tabled in the Legislature" in the second and third lines.
2 Subsection 13(2) of Chapter 8 is amended by striking out "Trial Division of the Supreme Court" in the second line and substituting "Supreme Court of Nova Scotia".
3 Chapter 8 is further amended by adding immediately after Section 15 the following Section:
- 15A (1) In this Section, "former foundations" means the following foundations established by this Act:
(a) the Atlantic School of Theology Foundation;
(b) the Dalhousie University Foundation;
(c) the Mount Saint Vincent University Foundation;
(d) the Saint Mary's University Foundation;
(e) the St. Francis Xavier University Foundation;
(f) the Université Sainte-Anne Foundation;
(g) the University of King's College Foundation.
(2) The former foundations are dissolved.
(3) The appointments of the members of the former foundations are revoked.
(4) The appointments of all officers, employees and auditors of the former foundations are revoked.
(5) All contracts, agreements or orders relating to or fixing the amount of compensation, remuneration or fees to be paid to the members referred in subsection (3) and to officers, employees and auditors referred to in subsection (4) are void.
(6) No action lies against Her Majesty in right of the Province in respect of any dissolution, revocation or voiding of any contract, agreement or order under this Section.
(7) All obligations and liabilities of a former foundation become the obligations and liabilities of the university for which the former foundation was established.
(8) All right, title and interest of a former foundation in any real, personal or other property of any nature whatsoever is vested in the university for which the former foundation was established.
(9) In any enactment or document, including any deed, lease, agreement, will, trust, debenture or document evidencing a gift or bequest, a reference to a former foundation, whether by official name or otherwise, is deemed to be a reference to the university for which the former foundation was established.
4 Section 2 of Chapter 12 of the Acts of 2015, the University Pension Plan Transfer Act, is amended by striking out clause (t) and substituting the following clause:
- (t) "university" means Acadia University, the Atlantic School of Theology, Cape Breton University, Dalhousie University, Mount Saint Vincent University, the Nova Scotia College of Art and Design, Saint Mary's University, St. Francis Xavier University, the University of King's College, Université Sainte-Anne and any other educational institution prescribed by the regulations.
5 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2020 Crown in right of Nova Scotia. Created March 10, 2020. Send comments to legc.office@novascotia.ca.
