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 New
Brunswick 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 effective
governance 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, whether
corporeal 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
262594 v9

are and shall be deemed to be the members of the body corporate continued by this Act. subject to this Act. (a) The University of New Brunswick. to provide teaching. and subject to this Act has the capacity. institutes. colleges.-2- FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. Master and Doctor. (b) the members of the Board in office from time to time. 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. and honorary degrees. prior to October 1. or to the appropriate Senate or the Senates. the same shall be construed. as constituted under this Act. powers and privileges of a natural person. unless the context and the provisions of the Act otherwise require. schools. holds. has. PART 2 UNIVERSITY OF NEW BRUNSWICK Division A Continuance of University 4 Upon the coming into force of this Act. subject to this Act. is hereby continued as a body corporate without share capital under the name “The University of New Brunswick” and. including full power to revoke the same. 3 Whenever in any Act. 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. the University has full power and authority. unless the context and the provisions of this Act otherwise require. or in any document. 2014 the “Senate of the University” or to the “University Council”. centres. as “The University of New Brunswick”. chairs and courses in all branches of knowledge. and continued by Chapter 12 of the Acts of New Brunswick. (a) to establish. 1968 and by Chapter 40 of the Acts of New Brunswick. maintain. to evaluate student academic performance and to undertake research. 1984. and all other degrees. and (b) to grant and confer the degrees of Bachelor. to be vested in the University. possesses and enjoys all the rights. 5 Without restricting the generality of the provisions of section 4. 262594 v9 . first incorporated by Royal Charter as an academy of liberal arts and sciences in 1785. rights. powers. departments. respectively. reference is made to “The University Senate”. 1986. discontinue. as a reference to the appropriate Senate or Senates constituted under this Act. diplomas and certificates in all branches of learning that appropriately may be conferred by a university. as a reference to the Board. the same shall be construed. and incorporated by Chapter 63 of 22 Victoria. 1859. govern and regulate faculties.

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. devised or bequeathed to any person in trust for or for the benefit of the University. municipal. used. and shall be exempt from every description of taxation so long as the same are used for the purposes of the University. 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. the University may. or any faculty. 6(5) Without restricting the generality of the provisions of subsection (4). school. as far as the application thereto of any statute of limitations is concerned. charge or encumber such parts or portions of any of its property as it may deem advisable. 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. or dispose of. conveyed. centre or chair thereof or otherwise in connection therewith. 262594 v9 . 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. and for such rents. 6(6) The rule against perpetuities and other rules restricting the holding of land do not apply to the property of the University. department. institute. exchange. such parts or portions of any of its property for such price and upon such terms of payment as it may deem advisable. in fee simple or otherwise. (b) sell. 6(3) All property heretofore and hereafter granted. school or other purposes. (c) mortgage.-3- FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. 2014 6(1) The real property vested in the University shall not be liable to be entered on. 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 Act for land vested in the Crown. and (d) lease such parts or portions of its property for and on such terms. (a) expropriate all such land as it may deem necessary for the purposes of the University in accordance with the procedure set out in the Expropriation Act. 6(2) The real property vested in the University shall be deemed. is vested in the University subject to any trust or trusts affecting the same. and with such covenants as it may deem advisable. college. transfer.

or in the Chair’s absence. including the President and the Vice-Presidents. 8(1) The government. The Board may terminate the term of the Chair or the Vice-Chair at any time. (c) when the President is unable to act or a vacancy exists in the office of the President due to death. business activities and affairs are vested in the Board. the Board may. management and control of the University and of its property. (b) the President. 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 further term or terms as the Board may decide. the members of the Board present may elect from among themselves a member of the Board to preside at the meeting. and the Board has all powers necessary or convenient to do and perform all matters and things that may be necessary or advisable. to appoint an acting President to hold office pending the completion of the process to appoint a replacement President 262594 v9 . (c) three members appointed by the Lieutenant-Governor in Council for such terms and in the manner prescribed by the Board. 7(5) After thirty days notice to any member of the Board appointed or elected pursuant to 7(1)(c) or 7(1)(d). 2014 Division B Board of Governors 7(1) There shall be a Board of the University. resignation or any other cause. full power and authority: (a) to appoint and remove the Chancellor. by resolution passed by at least two-thirds of the members of the Board. which shall be composed of the following voting members: (a) the Chancellor. expenditures. the Chair. the Vice-Chair. 7(4) If the Chair and the Vice-Chair are absent from a meeting of the Board. 7(3) Subject to subsection (4). declare vacant the seat of such member. including without limiting the generality of the foregoing. shall preside at meetings of the Board. conduct.-4- FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. and (d) up to 16 additional members who shall be appointed or elected for such terms in the number and manner prescribed. revenues. (b) to appoint and remove any officer of the University.

firms or corporations. duties and privileges of the Board. or any other body created by the Board. 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. the Board of Deans. terms of office and removal. schools. (e) to appoint an executive committee and such other committees as it may deem advisable. regulate and control all aspects of the property. business. institutes. 10 All the powers and privileges over. charge or mortgage any part or all of the property of the University and to issue. the faculty councils. 262594 v9 . not inconsistent with this Act. pledge. (f) to borrow money on the credit of the University in such amounts. colleges. colleges. or any of the officers. on such terms and from such persons. centres. chairs and courses after consultation with the relevant Senate. departments or centres of the University. institutes. (c) providing for the appointment.-5- FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. agents and employees of the University. to govern. (d) to determine the number. terms of office and specifying the rights and duties of Governors Emeriti to participate in the affairs of the Board. and (g) to establish. activities and affairs of the University and. merge or discontinue faculties. the teaching staff. and to delegate to any such committee any powers. debentures. 2014 contemplated by subsection 15(3) with such powers. whose decision shall be final and conclusive. 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. pledge or sell bonds. and other debt obligations on such terms and conditions as the Board may determine. duties. Board by-laws 11 The Board may by resolution make. schools. agents or employees of the University. amend or repeal by-laws. as may be determined by the Board and to hypothecate. including chartered banks. 9 If any question arises as to the powers or duties of a Senate. departments. removal. such question shall be settled and determined by the Board. powers and remuneration of all officers. functions and duties as the Board may determine. the faculties. (b) providing for additional members of the Board in accordance with paragraph 7(1)(d) and the manner of their election or appointment. in respect of. 8(2) The members of the Board shall act in the best interests of the University.

manner of calling and conduct of meetings of the Board or a committee. administration and use of any and all the property of the University. and all intellectual property in any form. management. maintenance. providing for the election or appointment and removal of a Chair and a Vice-Chair of the Board. or any interest therein. 2014 (d) specifying the terms of office of members of the Board and any committee of the Board. sale. (e) subject to section 7. leasing. duties and obligations. (h) determining the composition and operation of committees appointed under paragraph 8(1)(e). their terms of office and their respective powers and duties. (l) setting the fiscal year of the University.-6- FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. prescribing the books. including participating or voting by mail. charitable or benevolent funds or property committed to the care or use of the University. investment and disposition of any trust. maintaining and administering regulations. electronic or other means and establishing the qualifications of persons to vote thereat. (g) providing for the conditions under which members of the Board may be removed. (i) delegating to officers. (m) developing. trade names and the like. rights. rules of conduct and disciplinary codes for students of the University related to nonacademic conduct. establishing. place. time. powers and privileges of the Board. amend or repeal by-laws. trade-marks. (k) respecting and governing the receipt. management and 262594 v9 . (j) respecting the holding of meetings of the Board or any committee including. the procedure at such meetings and the method of participating in and voting at such meetings. records and accounts to be kept with respect to such funds and providing for the audit of same if prescribed. copyrights. without limitation. adopting. the quorum. including the development. (n) providing for the establishment or discontinuance of a Senate of the University and prescribing the jurisdiction of a Senate and its. (f) providing for all matters related to and respecting the office of Chancellor. except the power to make. (o) respecting and governing the acquisition. the procedure for effecting such removal and the manner in which replacement members of the Board may be elected or appointed. agents and employees or committees any of the duties. (p) respecting and governing any and all inventions and patents for inventions.

activities and affairs of the University. 2014 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. the issuance of security or securities and all aspects of the banking and financial business and affairs of the University. other universities. (r) respecting and governing the investment of all funds of or held by the University. a by-law or regulation that is subsequently repealed or amended shall be prejudicially affected by such repeal or amendment. the Board may by resolution make any regulations not contrary to the by-laws regulating any aspect of the business. or right acquired under or pursuant to. has all the rights. or if there is a vacancy in the office of the Chancellor. (t) providing for the terms and conditions on which the University may affiliate with. privileges and duties as are incidental to such position. and may: (a) in the absence of the Chancellor. 12 Unless this Act or the by-laws otherwise provide. 15(2) The President is Vice-Chancellor and chief executive officer of the University.-7- FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. regulation. privileges and duties of the Chancellor. powers. and (u) respecting and governing such other subjects. 13 No act or thing done in reliance on. or take into affiliation or federate with. 262594 v9 . exercise the rights. a Senate or the Board of Deans. matters and things as the Board considers necessary or appropriate to administer this Act or to enable the efficient conduct of the business. binding and effective from the date of the resolution of the Board enacting such regulation. 14 The Regulations Act does not apply to the University or any by-law. powers. 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. or resolution made by the Board. (q) respecting and governing the borrowing of money. or such other date as may be prescribed. (s) defining any terms used in this Act and not otherwise defined herein. activities or affairs of the University. and any such regulation shall be valid. colleges and institutions of learning.

shall have all the rights. (f) make recommendations to the Board respecting all grants of tenure or promotion in the teaching staff of the University. promotion and removal of any VicePresidents of the University. institutes. (c) formulate and implement standards regulating and governing the conduct of students and student activities. who shall have. and. and one or more of the Vice-Presidents shall be designated by the President to act as President when the President is temporarily absent. privileges and duties of the President. 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. chairs. schools. chairs. (e) appoint. while so acting. departments. institutes. or of any school or faculty thereof. provided that if there is a vacancy in the office of President. powers. shall be removed on grounds pertaining to teaching ability. employees and students thereof. (d) recommend to the Board the appointment. colleges. departments. the teaching staff. or of any school or faculty thereof. (h) examine all the activities of the University and developments in higher education. such powers and duties as may be delegated to them by the President. academic qualifications or academic behaviour. courses and projects. teaching staff and students. colleges. except with the approval of the President. agents. promote and remove all members of the teaching staff and administrative staff of the University and all other officers. (i) make recommendations to the Board or a Senate respecting the activities and affairs of the faculties. centres. the academic work of and the implementation of the educational policy of the University. 262594 v9 . 2014 (b) supervise and direct the general administration of the University. schools. or of any school or faculty thereof. officers. except on the recommendation and with the approval of the President.-8- FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. shall be demoted and no member of the teaching staff of the University. and (i) no person shall be accorded tenure or promoted in the teaching staff of the University. the Board shall appoint an acting President under paragraph 8(1)(c). and (ii) no member of the teaching staff of the University. centres. in addition to such powers and duties as may be conferred on them by the Board. or of any school or faculty thereof. (g) recommend to the Board or a Senate the establishment of new faculties.

-9- FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. and shall make such recommendations in respect thereof as the President may deem advisable. 16(3) Despite subsection (2). privileges or duties of the President. provided that. and (l) exercise such other rights. 15(6) The President shall from time to time report to the Board concerning the state and discipline of the University. 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. power. (k) delegate any of the rights. 15(4) When a review of an incumbent President is required or agreed upon by the Board and the Senates. and shall also report upon any matter which may be referred to the President by the Board or by a Senate. 262594 v9 . 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. 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. powers. 16(2) The Chancellor shall hold office for a term of five years and despite the expiry of the said term of office. a joint review committee for the office of President shall be constituted as provided for in the by-laws of the Board. a delegated right. privilege or duty. and lay before the Board for consideration such recommendations regarding the discipline and government of the University as the President may consider appropriate. 2014 (j) establish presidential committees to study and to recommend action on any matters affecting the University. privileges and duties mentioned in subsections (1) to (6) does not and shall not be construed to restrict or limit the general rights. powers. 15(3) When a vacancy exists in the office of President. in the absence of express provision made by the President. the Chancellor shall hold office at the pleasure of the Board. or when notification is received by the Board that the resignation of an incumbent has been accepted. which shall proceed to constitute a joint nominating committee for the office of President as provided for in the by-laws of the Board. power. powers. powers. privilege or duty shall not include a power of sub-delegation. 15(7) The enumeration of the express rights. 16(1) There shall be a Chancellor of the University who shall be the titular head of the University. privileges or duties as from time to time may be conferred upon the President by the Board. shall continue in office until a successor is appointed.

librarians. as is prescribed by the by-laws of each Senate that have been approved by the Board. discontinuance or merger of faculties. and for such terms. scholarships. without limiting the generality of the foregoing. and may recommend to the Board the establishment. who shall be the Chair of each Senate. or any other body created for academic purposes. (d) to recommend to the Board the conferral of the degrees of Bachelor. subject to the provisions of this Act. a Senate may enact by-laws and regulations. shall be composed of (a) the President. staff. with such jurisdiction as determined by the Board. not inconsistent with this Act. has power. respecting the academic affairs within its jurisdiction and the procedure of such Senate. faculty. and (b) such additional members. 18(2) Subject to this Act and to approval by the Board. members of the Board.. (a) to determine and to regulate the standards for the admission of students to the University. students. schools. Division D Senates 17 A Senate or Senates of the University. is responsible for the academic affairs within its jurisdiction. alumni or other persons who shall be appointed or elected in the number and manner. prizes and other awards for academic achievement approved by the Board. 18(1) A Senate. (c) to administer and determine all matters arising in connection with the award of fellowships. 16(5) The Chancellor shall publicly confer degrees of the University and shall have such other rights. contract academic employees and librarians shall not be less than the total number of all other members of a Senate excluding the President. Master and Doctor and all other degrees. officers. and. diplomas and certificates in all branches of learning that 262594 v9 . and the requirements for graduation. including vice-presidents. medals. departments and centres. powers.10 - FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. privileges and duties as may be conferred on the Chancellor by the Board. (b) to regulate the conduct of examinations and the appointment of examiners. directors. colleges. deans. institutes. provided that the total number of elected faculty members. 2014 16(4) The individual holding the office of Chancellor is eligible for reappointment to a second or subsequent term of office. and the establishment of chairs. the contents and curricula of all courses of study.

or other councils in schools. or (b) annul any such by-law or regulation. Division E Board of Deans 19 There shall be a Board of Deans composed of the following persons. 262594 v9 . or to fix. 20(1) The Board of Deans shall have such jurisdiction and such rights. centers or departments. (a) shall be responsible for non-academic student disciplinary matters referred to it by the President. and the delegation of powers and duties to such councils and boards.11 - FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. colleges. privileges and duties as are prescribed by the by-laws of the Board and. and (b) such additional members including Vice-Presidents. and (b) shall act as an advisory body to the President when requested by the President. and to recommend the revocation of same. 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). deans and other persons within the University as may be appointed by the President from time to time in accordance with the by-laws of the Board. including honorary degrees. or library boards. (e) to provide for the establishment and conduct of one or more faculty councils. the Board of Deans has power. powers.. (a) the President. 2014 appropriately may be conferred by a university. including the composition and duties thereof. 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. institutes. 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. 20(2) Without limiting the generality of subsection (1). subject to the other provisions of this Act. waive or remit any charges payable to the University. 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.

(b) to make by-laws. subject to such rules and regulations. and. or of the former King’s College located in the Province. (c) when requested by the President. 25 The University shall have a common seal in such form as may be prescribed. institutes. 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. 2014 (a) to make recommendations and representations to a Senate on any matters affecting the various faculties. to constitute a disciplinary tribunal or tribunals with jurisdiction over matters related to student non-academic conduct and discipline. to determine the sanctions applicable to such breaches. to try alleged breaches of the non-academic disciplinary rules and regulations by students. rule or regulation of the Board of Deans is of any force or effect until approved by resolution of the Board. 26 The accounts of the University shall be audited annually and at any time upon request of the Board. rules and regulations for the conduct of its affairs and for administration of all matters related to non-academic student conduct and discipline. PART 3 GENERAL PROVISIONS 22 Every graduate of the former College of New Brunswick. (e) to act as an appellate body as provided for in the by-laws of the Board. 20(3) Despite subsection (2). colleges. no by-law. 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.. (f) to recommend to the President the suspension or expulsion of a student. schools. (d) when requested by the President. and (g) to make recommendations to the President on any matters concerned with student non-academic discipline. 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 as may be authorized under and in accordance with such regulations as may be prescribed by the Board.12 - FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. departments and centres or the University as a whole. 262594 v9 . shall be deemed to be a graduate of the University.

262594 v9 . 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. 1984 is repealed.. the University shall submit its annual report and shall submit such other reports as may be requested from time to time. Once the substantive provisions of the draft Act are settled an assessment is made as to whether any transitional provisions are required. 29 This Act comes into force on the day it receives Royal Assent. 2014 27 Upon request of the Lieutenant-Governor in Council. For example.] PART 5 REPEAL AND COMMENCEMENT 28 The University of New Brunswick Act.13 - FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. PART 4 TRANSITIONAL PROVISIONS [NOTE: Transition provisions are used to ensure the smooth implementation of a new piece of legislation.