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SUMMARY OF MAJOR PROVISIONS OF THE PROPOSED UNIVERSITY OF NEW

BRUNSWICK ACT

PART 1

Preamble

A preamble describes the purposes of the Act to advance and maintain the standard of university

education and to provide for the effective governance of the University in the interests of the

public.

Definitions and Interpretation Sections 1 - 3

Key terms are defined for the interpretation of the Act including definitions of teaching staff

and tenure. Sections 2 and 3 provide continuity in the application of the Act in light ofterminology in previous acts.

PART 2

Division A

Continuation of University Sections 4 - 6

The University of New Brunswick is continued with corporate powers in accordance with the

Business Corporations Act of New Brunswick. Section 4 provides UNB with the corporatecapacity to take all actions that a natural person could take subject to any restrictions in the Act.

Section 5 lists the powers that UNB has under the Act and section 6 deals with UNB property.

Division B

Board of Governors Sections 7 - 14

Section 7 provides for a Board of Governors and its composition. Section 8 outlines the powers

of the Board which include appointing and removing the Chancellor, President and Vice-

Presidents, fixing duties and salaries, appointing committees, borrowing money on behalf ofUNB, and establishing and discontinuing faculties, schools and institutes. Subsection 8(2)

requires the Board to act in the best interests of the University. Section 9 provides that the Board

of Governors will settle any questions arising as to powers and duties of the Senate, Board of

Deans, faculty councils, colleges, schools, departments, or other listed groups.

The authority for the Board of Governors to make by-laws relating to the governance andmanagement of the University is contained in section 11. The Board is also given authority to

establish regulations relating to administrative matters in section 12.

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Division C

President and Officers Sections 15 16

Subsection 15(1) provides for the appointment of a President who is also the Vice-Chancellor of

UNB. Subsection 15(2) outlines the Presidents duties and powers which include supervising

and directing the general administration of UNB, formulating and implementing standardsregulating students conduct, recommending the appointment, promotion and removal of

teaching and administrative staff and various other powers. Subsections 15(3) and (4) provide

for a Joint Nominating Committee and a Joint Review Committee respecting a vacancy in theoffice of President and for review of an incumbent President. Subsections 15(5) and (6) require

the President to make reports and recommendations to the Board of Governors and Senate.

Subsection 16 provides for the appointment and duties of the Chancellor. Subsection 16(2)

provides that the Chancellor shall hold office for a five year term and subsection 16(4) allows forthe Chancellor to be reappointed to a subsequent term. Subsection 16(3) provides that the

Chancellor holds office at the Boards pleasure.

Division D

Senates Sections 17 - 18

Sections 17 and 18 set out the composition and responsibilities of the Senates. Under subsection

18(2), each Senate has the authority to enact by-laws and regulations respecting academic affairs

and may also do so for other matters including the standards of admission to UNB, the contentsand curricula of courses of study, examinations, awards for academic achievement, the conferral

of degrees, the establishment of councils, and all matters that enhance the usefulness of UNB.

Subsection 18(3) provides for Board approval of by-laws and regulations made by a Senate.

Division E

Board of Deans Sections 19 - 21

Sections 19 and 20 provide for a Board of Deans which is responsible for non-academic student

disciplinary matters and which acts as an advisory body for the President. Subsection 20(2)

provides the Board of Deans with various powers, including the power to makerecommendations and representations to the Senate, to make by-laws, rules and regulations for

the conduct of its own affairs and for non-academic student conduct and discipline. The Board

of Deans may also act as a disciplinary tribunal and an appellate body in non-academic studentdisciplinary matters. The Board of Deans may hold hearings respecting students and determine

sanctions for alleged breaches of non-academic disciplinary rules and regulations.

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PART 3

General Sections 22 - 27

Section 22 deems graduates of the former College of New Brunswick and the former Kings

College as graduates of UNB.

Section 23 provides immunity for members of the Board so that no actions may be brought

against Board members for anything done in carrying out their duties without the Attorney

Generals written consent.

Section 24 prohibits anyone from using the UNB crest or coat of arms except with the consent ofthe Board or unless in accordance with the regulations. Section 25 provides for a UNB Seal.

Section 26 provides that UNBs accounts will be audited annually and section 27 requires UNB

to submit its Annual Report to the Lieutenant-Governor in Council upon request.

PART 4

Transitional

Transitional provisions will be inserted into the Act as required.

Transition provisions are used to ensure the smooth implementation of a new piece oflegislation. 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 assessmentis made as to whether any transitional provisions are required.

PART 5

Repeal and Commencement Sections 28 29

Sections 28 and 29 provide for the repeal of the current UNB Act and the coming into force of

the new Act.