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

-2-

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

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 to
The 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 of
the 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 enjoys
all 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.

262594 v9

-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, 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 Act for
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 the Expropriation 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.

262594 v9

-4-

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

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 further
term 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
262594 v9

-5-

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

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;

262594 v9

-6-

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

(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 nonacademic 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,
administration and use of any and all the property of the University;

leasing,

(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

262594 v9

-7-

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 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;
(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 efficient
conduct 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;

262594 v9

-8-

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

(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 VicePresidents 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;

262594 v9

-9-

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

(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, in
the 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 of
President 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.

262594 v9

- 10 -

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

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 is
prescribed 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 and
librarians 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 and
regulations, 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 of
fellowships, 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

262594 v9

- 11 -

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

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 to
such 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 E
Board 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 persons

within 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 this
Act,
(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,
262594 v9

- 12 -

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

(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 for
administration 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-academic

disciplinary 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 as
may 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.

262594 v9

- 13 -

FOR DISCUSSION PURPOSES ONLY

DRAFT 9: September 5, 2014

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.

262594 v9