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FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

UNIVERSITY OF NEW BRUNSWICK ACT

WHEREAS it is desirable in the interests of the Province to continue The University of NewBrunswick and all its rights, powers, privileges and immunities for the purpose of advancing and

maintaining the standard of university education in the Province and to provide for the effectivegovernance of The University of New Brunswick in the interests of the public;

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of New

Brunswick, enacts as follows:

PART 1

DEFINITIONS AND INTERPRETATION

1 The following definitions apply in this Act.

Board means the Board of Governors of the University as constituted under this Act.

Board of Deans means the Board of Deans of the University established under section

19.

Chancellor means the Chancellor of the University appointed under section 16.

prescribed means prescribed by by-laws or regulations made under or pursuant to this

Act by the Board, a Senate or the Board of Deans, as the case may be.

President means the President of the University appointed under subsection 15(1).

property includes real and personal property.

real property includes messuages, lands tenements and hereditaments, whethercorporeal or incorporeal, and any undivided share thereof and any estate or interest

therein.

Senate or Senates means, as the context may require, a Senate or Senates constituted

under this Act, and which at the coming into force of this Act means the Saint John

Senate and the Fredericton Senate.

teaching staff includes professors, associate professors, assistant professors, lecturers,

associates, instructors, demonstrators and all others engaged in the work of teaching or

giving instruction or in research.

tenure, when used in reference to the teaching staff, means, subject to such provision as

the Board may make, an appointment held without term and made, or conventionally

recognized as, permanent.

University means the University of New Brunswick continued under section 4.

2 Whenever in any Act or in any document, prior to the commencement of the University

of New Brunswick Act, Chapter 40 of the Acts of New Brunswick, 1984, reference is made to

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the Senate of the University or to the University Council, the same shall be construed, unless

the context and the provisions of this Act otherwise require, as a reference to the Board, or to the

appropriate Senate or the Senates, respectively, as constituted under this Act.

3 Whenever in any Act, or in any document, prior to October 1, 1986, reference is made toThe University Senate, the same shall be construed, unless the context and the provisions of

the Act otherwise require, as a reference to the appropriate Senate or Senates constituted under

this Act.

PART 2

UNIVERSITY OF NEW BRUNSWICK

Division A

Continuance of University

4 Upon the coming into force of this Act,

(a) The University of New Brunswick, first incorporated by Royal Charter as an

academy of liberal arts and sciences in 1785, and incorporated by Chapter 63 of 22

Victoria, 1859, as The University of New Brunswick, and continued by Chapter 12 ofthe Acts of New Brunswick, 1968 and by Chapter 40 of the Acts of New Brunswick,

1984, is hereby continued as a body corporate without share capital under the name The

University of New Brunswick and, subject to this Act, has, holds, possesses and enjoysall the rights, powers, privileges and immunities of every nature or kind whatsoever

which are vested in or belong to the University at the time of the coming into force of this

Act, and subject to this Act has the capacity, rights, powers and privileges of a natural

person,

(b) the members of the Board in office from time to time, are and shall be deemed to

be the members of the body corporate continued by this Act, and

(c) all property of every nature and kind which at the time of the coming into force of

this Act is vested in the University continues, subject to this Act, to be vested in the

University.

5 Without restricting the generality of the provisions of section 4, the University has full

power and authority,

(a) to establish, maintain, discontinue, govern and regulate faculties, colleges,

schools, institutes, departments, centres, chairs and courses in all branches of knowledge,to provide teaching, to evaluate student academic performance and to undertake research,

and

(b) to grant and confer the degrees of Bachelor, Master and Doctor, and honorary

degrees, and all other degrees, diplomas and certificates in all branches of learning that

appropriately may be conferred by a university, including full power to revoke the same.

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6(1) The real property vested in the University shall not be liable to be entered on, used, or taken

by any municipal or other government body or corporation or by any person possessing the right

of taking lands compulsorily for any purposes whatsoever, and no power to expropriate real

property conferred by statute shall extend to real property vested in the University unless the Act

conferring the power is made in express terms to apply to real property of the University.

6(2) The real property vested in the University shall be deemed, as far as the application thereto

of any statute of limitations is concerned, to be in the same position as land vested in the Crown

and the limitation period shall be the period prescribed under the Limitation of Actions Actfor

land vested in the Crown.

6(3) All property heretofore and hereafter granted, conveyed, devised or bequeathed to any

person in trust for or for the benefit of the University, or any faculty, college, school, institute,

department, centre or chair thereof or otherwise in connection therewith, is vested in the

University subject to any trust or trusts affecting the same.

6(4) The property vested in the University and any lands and premises leased to and occupied by

the University shall not be liable to taxation for provincial, municipal, school or other purposes,

and shall be exempt from every description of taxation so long as the same are used for the

purposes of the University. Nothing in this section shall exempt from taxation any property for

which the University receives commercial rent or any lessee or other occupant (other than the

University or any department or branch thereof) of any such property which or who but for this

section would or might be liable for any such tax.

6(5) Without restricting the generality of the provisions of subsection (4), the University may,

(a) expropriate all such land as it may deem necessary for the purposes of the

University in accordance with the procedure set out in theExpropriation Act;

(b) sell, transfer, exchange, or dispose of, in fee simple or otherwise, such parts or

portions of any of its property for such price and upon such terms of payment as it may

deem advisable;

(c) mortgage, charge or encumber such parts or portions of any of its property as it

may deem advisable; and

(d) lease such parts or portions of its property for and on such terms, and for such

rents, and with such covenants as it may deem advisable.

6(6) The rule against perpetuities and other rules restricting the holding of land do not apply to

the property of the University.

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Division B

Board of Governors

7(1) There shall be a Board of the University, which shall be composed of the following

voting members:

(a) the Chancellor;

(b) the President;

(c) three members appointed by the Lieutenant-Governor in Council for such terms

and in the manner prescribed by the Board; and

(d) up to 16 additional members who shall be appointed or elected for such terms in

the number and manner prescribed.

7(2) The Board shall appoint from its members a Chair and a Vice-Chair who shall hold office

for a term determined by the Board and who shall be eligible for reappointment for such furtherterm or terms as the Board may decide. The Board may terminate the term of the Chair or the

Vice-Chair at any time.

7(3) Subject to subsection (4), the Chair, or in the Chairs absence, the Vice-Chair, shall

preside at meetings of the Board.

7(4) If the Chair and the Vice-Chair are absent from a meeting of the Board, the members of

the Board present may elect from among themselves a member of the Board to preside at the

meeting.

7(5) After thirty days notice to any member of the Board appointed or elected pursuant to

7(1)(c) or 7(1)(d), the Board may, by resolution passed by at least two-thirds of the members of

the Board, declare vacant the seat of such member.

8(1) The government, conduct, management and control of the University and of its property,

revenues, expenditures, business activities and affairs are vested in the Board, and the Board has

all powers necessary or convenient to do and perform all matters and things that may be

necessary or advisable, including without limiting the generality of the foregoing, full power and

authority:

(a) to appoint and remove the Chancellor;

(b) to appoint and remove any officer of the University, including the President and

the Vice-Presidents;

(c) when the President is unable to act or a vacancy exists in the office of the

President due to death, resignation or any other cause, to appoint an acting President to

hold office pending the completion of the process to appoint a replacement President

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contemplated by subsection 15(3) with such powers, functions and duties as the Board

may determine;

(d) to determine the number, duties, powers and remuneration of all officers, agents

and employees of the University;

(e) to appoint an executive committee and such other committees as it may deem

advisable, and to delegate to any such committee any powers, duties and privileges of the

Board;

(f) to borrow money on the credit of the University in such amounts, on such terms

and from such persons, firms or corporations, including chartered banks, as may be

determined by the Board and to hypothecate, pledge, charge or mortgage any part or all

of the property of the University and to issue, pledge or sell bonds, debentures, and other

debt obligations on such terms and conditions as the Board may determine; and

(g) to establish, merge or discontinue faculties, colleges, schools, institutes,departments, centres, chairs and courses after consultation with the relevant Senate.

8(2) The members of the Board shall act in the best interests of the University.

9 If any question arises as to the powers or duties of a Senate, the Board of Deans, the

faculty councils, the faculties, colleges, schools, institutes, departments or centres of the

University, the teaching staff, or any other body created by the Board, or any of the officers,

agents or employees of the University, such question shall be settled and determined by the

Board, whose decision shall be final and conclusive.

10 All the powers and privileges over, in respect of, or in relation to the University which

are not by the terms of this Act specifically directed to be exercised by any other person or body

of persons are hereby vested in the Board.

Board by-laws

11 The Board may by resolution make, amend or repeal by-laws, not inconsistent with this

Act, to govern, regulate and control all aspects of the property, business, activities and affairs of

the University and, without restricting the generality of the foregoing:

(a) providing for the manner of appointment of the members of the Board appointed

under paragraph 7(1)(c) and the terms of their appointments;

(b) providing for additional members of the Board in accordance with paragraph

7(1)(d) and the manner of their election or appointment, terms of office and removal;

(c) providing for the appointment, removal, terms of office and specifying the rights

and duties of Governors Emeriti to participate in the affairs of the Board;

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(d) specifying the terms of office of members of the Board and any committee of the

Board;

(e) subject to section 7, providing for the election or appointment and removal of a

Chair and a Vice-Chair of the Board, their terms of office and their respective powers and

duties;

(f) providing for all matters related to and respecting the office of Chancellor;

(g) providing for the conditions under which members of the Board may be removed,

the procedure for effecting such removal and the manner in which replacement members

of the Board may be elected or appointed;

(h) determining the composition and operation of committees appointed under

paragraph 8(1)(e);

(i) delegating to officers, agents and employees or committees any of the duties,powers and privileges of the Board, except the power to make, amend or repeal by-laws;

(j) respecting the holding of meetings of the Board or any committee including,

without limitation, the quorum, time, place, manner of calling and conduct of meetings of

the Board or a committee, the procedure at such meetings and the method of participating

in and voting at such meetings, including participating or voting by mail, electronic or

other means and establishing the qualifications of persons to vote thereat;

(k) respecting and governing the receipt, management, investment and disposition of

any trust, charitable or benevolent funds or property committed to the care or use of the

University, prescribing the books, records and accounts to be kept with respect to such

funds and providing for the audit of same if prescribed;

(l) setting the fiscal year of the University;

(m) developing, establishing, adopting, maintaining and administering regulations,

rules of conduct and disciplinary codes for students of the University related to non-

academic conduct;

(n) providing for the establishment or discontinuance of a Senate of the University

and prescribing the jurisdiction of a Senate and its, rights, duties and obligations;

(o) respecting and governing the acquisition, sale, maintenance, leasing,

administration and use of any and all the property of the University;

(p) respecting and governing any and all inventions and patents for inventions,

copyrights, trade-marks, trade names and the like, and all intellectual property in any

form, or any interest therein, including the development, management and

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commercialization of the same by the University or by others employed or engaged by

the University or making use of the resources or property of the University in any way;

(q) respecting and governing the borrowing of money, the issuance of security or

securities and all aspects of the banking and financial business and affairs of the

University;

(r) respecting and governing the investment of all funds of or held by the University;

(s) defining any terms used in this Act and not otherwise defined herein;

(t) providing for the terms and conditions on which the University may affiliate with,

or take into affiliation or federate with, other universities, colleges and institutions of

learning; and

(u) respecting and governing such other subjects, matters and things as the Board

considers necessary or appropriate to administer this Act or to enable the efficientconduct of the business, activities and affairs of the University.

12 Unless this Act or the by-laws otherwise provide, the Board may by resolution make any

regulations not contrary to the by-laws regulating any aspect of the business, activities or affairs

of the University, and any such regulation shall be valid, binding and effective from the date of

the resolution of the Board enacting such regulation, or such other date as may be prescribed.

13 No act or thing done in reliance on, or right acquired under or pursuant to, a by-law or

regulation that is subsequently repealed or amended shall be prejudicially affected by such repeal

or amendment.

14 The Regulations Act does not apply to the University or any by-law, regulation, or

resolution made by the Board, a Senate or the Board of Deans.

Division C

President and Officers

15(1) There shall be a President of the University who shall be appointed by the Board and

shall hold office at the pleasure of the Board.

15(2) The President is Vice-Chancellor and chief executive officer of the University, has all the

rights, powers, privileges and duties as are incidental to such position, and may:

(a) in the absence of the Chancellor, or if there is a vacancy in the office of the

Chancellor, exercise the rights, powers, privileges and duties of the Chancellor;

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(b) supervise and direct the general administration of the University, the teaching

staff, officers, agents, employees and students thereof, the academic work of and the

implementation of the educational policy of the University;

(c) formulate and implement standards regulating and governing the conduct of

students and student activities;

(d) recommend to the Board the appointment, promotion and removal of any Vice-

Presidents of the University, who shall have, in addition to such powers and duties as

may be conferred on them by the Board, such powers and duties as may be delegated to

them by the President, and one or more of the Vice-Presidents shall be designated by the

President to act as President when the President is temporarily absent, and, while so

acting, shall have all the rights, powers, privileges and duties of the President, provided

that if there is a vacancy in the office of President, the Board shall appoint an acting

President under paragraph 8(1)(c);

(e) appoint, promote and remove all members of the teaching staff and administrative

staff of the University and all other officers, agents and employees of the University

subject to any procedures established by the Board or any contract or collective

agreement to which the University is a party;

(f) make recommendations to the Board respecting all grants of tenure or promotion

in the teaching staff of the University, or of any school or faculty thereof, and

(i) no person shall be accorded tenure or promoted in the teaching staff of the

University, or of any school or faculty thereof, except on the recommendation and

with the approval of the President, and

(ii) no member of the teaching staff of the University, or of any school or

faculty thereof, shall be demoted and no member of the teaching staff of the

University, or of any school or faculty thereof, shall be removed on grounds

pertaining to teaching ability, academic qualifications or academic behaviour,

except with the approval of the President;

(g) recommend to the Board or a Senate the establishment of new faculties, colleges,

schools, institutes, departments, centres, chairs, courses and projects;

(h) examine all the activities of the University and developments in higher education;

(i) make recommendations to the Board or a Senate respecting the activities and

affairs of the faculties, colleges, schools, institutes, departments, centres, chairs, teaching

staff and students;

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(j) establish presidential committees to study and to recommend action on any

matters affecting the University;

(k) delegate any of the rights, powers, privileges or duties conferred on the President

by this Act or any by-laws or regulations made hereunder and may impose conditions

governing the exercise of any delegated right, power, privilege or duty, provided that, inthe absence of express provision made by the President, a delegated right, power,

privilege or duty shall not include a power of sub-delegation; and

(l) exercise such other rights, powers, privileges or duties as from time to time may

be conferred upon the President by the Board.

15(3) When a vacancy exists in the office of President, or when notification is received by the

Board that the resignation of an incumbent has been accepted, a meeting of the Board and a

meeting of each Senate shall be convened forthwith in accordance with the by-laws of the Board

and the Senates, which shall proceed to constitute a joint nominating committee for the office ofPresident as provided for in the by-laws of the Board.

15(4) When a review of an incumbent President is required or agreed upon by the Board and

the Senates, a joint review committee for the office of President shall be constituted as provided

for in the by-laws of the Board.

15(5) The President shall report annually to the Board and to each Senate upon the progress and

efficiency of the academic work of the University, and as to its requirements, and shall make

such recommendations in respect thereof as the President may deem advisable, and shall also

report upon any matter which may be referred to the President by the Board or by a Senate.

15(6) The President shall from time to time report to the Board concerning the state and

discipline of the University, and lay before the Board for consideration such recommendations

regarding the discipline and government of the University as the President may consider

appropriate.

15(7) The enumeration of the express rights, powers, privileges and duties mentioned in

subsections (1) to (6) does not and shall not be construed to restrict or limit the general rights,

powers, privileges or duties of the President.

16(1) There shall be a Chancellor of the University who shall be the titular head of the

University.

16(2) The Chancellor shall hold office for a term of five years and despite the expiry of the said

term of office, shall continue in office until a successor is appointed.

16(3) Despite subsection (2), the Chancellor shall hold office at the pleasure of the Board.

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16(4) The individual holding the office of Chancellor is eligible for reappointment to a second

or subsequent term of office.

16(5) The Chancellor shall publicly confer degrees of the University and shall have such other

rights, powers, privileges and duties as may be conferred on the Chancellor by the Board.

Division D

Senates

17 A Senate or Senates of the University, with such jurisdiction as determined by the Board,

shall be composed of

(a) the President, who shall be the Chair of each Senate, and

(b) such additional members, including vice-presidents, deans, directors, officers,

members of the Board, faculty, librarians, staff, students, alumni or other persons who

shall be appointed or elected in the number and manner, and for such terms, as isprescribed by the by-laws of each Senate that have been approved by the Board, provided

that the total number of elected faculty members, contract academic employees andlibrarians shall not be less than the total number of all other members of a Senate

excluding the President.

18(1) A Senate, subject to the provisions of this Act, is responsible for the academic affairs

within its jurisdiction, and may recommend to the Board the establishment, discontinuance or

merger of faculties, colleges, schools, institutes, departments and centres, or any other body

created for academic purposes, and the establishment of chairs.

18(2) Subject to this Act and to approval by the Board, a Senate may enact by-laws andregulations, not inconsistent with this Act, respecting the academic affairs within its jurisdiction

and the procedure of such Senate, and, without limiting the generality of the foregoing, has

power,

(a) to determine and to regulate the standards for the admission of students to the

University, the contents and curricula of all courses of study, and the requirements for

graduation;

(b) to regulate the conduct of examinations and the appointment of examiners;

(c) to administer and determine all matters arising in connection with the award offellowships, scholarships, medals, prizes and other awards for academic achievement

approved by the Board;

(d) to recommend to the Board the conferral of the degrees of Bachelor, Master and

Doctor and all other degrees, diplomas and certificates in all branches of learning that

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appropriately may be conferred by a university, including honorary degrees, and to

recommend the revocation of same;

(e) to provide for the establishment and conduct of one or more faculty councils, or

other councils in schools, colleges, institutes, centers or departments, or library boards,

including the composition and duties thereof, and the delegation of powers and duties tosuch councils and boards; and

(f) to inquire into all matters tending to enhance the usefulness of the University and

to report upon and make recommendations in respect of the same to the Board and the

President.

18(3) No by-law or regulation made under subsection (2) shall be effective until approved by

the Board and the Board may at any time

(a) make or withdraw exemptions from the requirement for Board approval with

respect to any class or classes of by-laws or regulations made under subsection (2), or

(b) annul any such by-law or regulation.

18(4) All recommendations of a Senate to the Board or to the Board of Deans shall be

transmitted through the Chair of a Senate.

18(5) Nothing expressed in this Act shall be construed to give a Senate power to take any

action that imposes a financial obligation or liability on the University, or to fix, waive or remit

any charges payable to the University.

Division EBoard of Deans

19 There shall be a Board of Deans composed of the following persons,

(a) the President, and

(b) such additional members including Vice-Presidents, deans and other personswithin the University as may be appointed by the President from time to time in

accordance with the by-laws of the Board.

20(1) The Board of Deans shall have such jurisdiction and such rights, powers, privileges and

duties as are prescribed by the by-laws of the Board and, subject to the other provisions of thisAct,

(a) shall be responsible for non-academic student disciplinary matters referred to it by

the President, and

(b) shall act as an advisory body to the President when requested by the President.

20(2) Without limiting the generality of subsection (1), the Board of Deans has power,

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(a) to make recommendations and representations to a Senate on any matters

affecting the various faculties, colleges, schools, institutes, departments and

centres or the University as a whole;

(b) to make by-laws, rules and regulations for the conduct of its affairs and foradministration of all matters related to non-academic student conduct and

discipline;

(c) when requested by the President, to constitute a disciplinary tribunal or tribunals

with jurisdiction over matters related to student non-academic conduct and

discipline;

(d) when requested by the President, to try alleged breaches of the non-academicdisciplinary rules and regulations by students, and, subject to such rules and

regulations, to determine the sanctions applicable to such breaches;

(e) to act as an appellate body as provided for in the by-laws of the Board;

(f) to recommend to the President the suspension or expulsion of a student; and

(g) to make recommendations to the President on any matters concerned with student

non-academic discipline.

20(3) Despite subsection (2), no by-law, rule or regulation of the Board of Deans is of any force

or effect until approved by resolution of the Board.

21 Nothing in Division E of Part 2 of this Act shall be construed so as to restrict or impair

the authority of the President with respect to non-academic disciplinary matters.

PART 3

GENERAL PROVISIONS

22 Every graduate of the former College of New Brunswick, or of the former Kings College

located in the Province, shall be deemed to be a graduate of the University.

23 No action shall be brought against any member of the Board on account of anything done

or omitted to be done in the execution of that office except with the written consent of the

Attorney General.

24 No person shall assume or use the crest or coat of arms of the University or any design in

imitation of the same except upon and in accordance with the consent of the Board or except asmay be authorized under and in accordance with such regulations as may be prescribed by the

Board.

25 The University shall have a common seal in such form as may be prescribed.

26 The accounts of the University shall be audited annually and at any time upon request of

the Board.

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27 Upon request of the Lieutenant-Governor in Council, the University shall submit its

annual report and shall submit such other reports as may be requested from time to time.

PART 4

TRANSITIONAL PROVISIONS

[NOTE: Transition provisions are used to ensure the smooth implementation of a new piece of

legislation. For example, it may be necessary to provide for staged timing of the implementation

of changes in board or committee size to ensure continuity and the completion of any

outstanding projects. Once the substantive provisions of the draft Act are settled an assessment

is made as to whether any transitional provisions are required.]

PART 5

REPEAL AND COMMENCEMENT

28 The University of New Brunswick Act, 1984 is repealed.

29 This Act comes into force on the day it receives Royal Assent.

draft unb act (2014)

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