BILL NO. 223
(as passed, with amendments)
2nd Session, 63rd General Assembly
69 Elizabeth II, 2020
University Foundations Act
CHAPTER 19 OF THE ACTS OF 2020
The Honourable Labi Kousoulis
Minister of Labour and Advanced Education
First Reading: February 21, 2020 (LINK TO BILL AS INTRODUCED)
Second Reading: February 27, 2020
Third Reading: March 5, 2020 (WITH COMMITTEE AMENDMENTS)
Royal Assent: March 10, 2020
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 "first day of October" in the first line and substituting "thirtieth day of June".
(b) striking out "Advanced Education and Job Training" in the third line and substituting "Labour and Advanced Education".
(c) 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(2) Subsection 12(2) of Chapter 8 is repealed.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.
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