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

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

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

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

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

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

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

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

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

or other councils in schools. 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(4) All recommendations of a Senate to the Board or to the Board of Deans shall be transmitted through the Chair of a Senate. powers. 20(2) Without limiting the generality of subsection (1). 262594 v9 . and (b) shall act as an advisory body to the President when requested by the President. (e) to provide for the establishment and conduct of one or more faculty councils. and the delegation of powers and duties to such councils and boards. 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). institutes. including the composition and duties thereof.11 - FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. centers or departments. 2014 appropriately may be conferred by a university. 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. (a) shall be responsible for non-academic student disciplinary matters referred to it by the President. or library boards. 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. and to recommend the revocation of same. colleges. waive or remit any charges payable to the University. privileges and duties as are prescribed by the by-laws of the Board and. subject to the other provisions of this Act. Division E Board of Deans 19 There shall be a Board of Deans composed of the following persons. and (b) such additional members including Vice-Presidents. (a) the President. the Board of Deans has power. 20(1) The Board of Deans shall have such jurisdiction and such rights. including honorary degrees. or (b) annul any such by-law or regulation. or to fix.

26 The accounts of the University shall be audited annually and at any time upon request of the Board. to constitute a disciplinary tribunal or tribunals with jurisdiction over matters related to student non-academic conduct and discipline. 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. departments and centres or the University as a whole. and (g) to make recommendations to the President on any matters concerned with student non-academic discipline. schools. to try alleged breaches of the non-academic disciplinary rules and regulations by students. (c) when requested by the President. to determine the sanctions applicable to such breaches. 262594 v9 . 2014 (a) to make recommendations and representations to a Senate on any matters affecting the various faculties. 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. (f) to recommend to the President the suspension or expulsion of a student. colleges.. or of the former King’s College located in the Province. rule or regulation of the Board of Deans is of any force or effect until approved by resolution of the Board. (e) to act as an appellate body as provided for in the by-laws of the Board. 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. and. (d) when requested by the President. 20(3) Despite subsection (2). institutes.12 - FOR DISCUSSION PURPOSES ONLY DRAFT 9: September 5. rules and regulations for the conduct of its affairs and for administration of all matters related to non-academic student conduct and discipline. subject to such rules and regulations. (b) to make by-laws. 25 The University shall have a common seal in such form as may be prescribed. PART 3 GENERAL PROVISIONS 22 Every graduate of the former College of New Brunswick. shall be deemed to be a graduate of the University.

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