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

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

charge or encumber such parts or portions of any of its property as it may deem advisable. conveyed. 6(5) Without restricting the generality of the provisions of subsection (4). 6(2) The real property vested in the University shall be deemed. 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. transfer. the University may. (c) mortgage. municipal. devised or bequeathed to any person in trust for or for the benefit 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. 262594 v9 . exchange. and (d) lease such parts or portions of its property for and on such terms. in fee simple or otherwise. and with such covenants as it may deem advisable. used. school. 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. college. institute. school or other purposes. or any faculty. as far as the application thereto of any statute of limitations is concerned. centre or chair thereof or otherwise in connection therewith.-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. department. (b) sell. 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. is vested in the University subject to any trust or trusts affecting the same. 6(6) The rule against perpetuities and other rules restricting the holding of land do not apply to the 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. such parts or portions of any of its property for such price and upon such terms of payment as it may deem advisable. (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. or dispose of. and for such rents. and shall be exempt from every description of taxation so long as the same are used for the purposes of the University.

full power and authority: (a) to appoint and remove the Chancellor. 8(1) The government. revenues. (c) when the President is unable to act or a vacancy exists in the office of the President due to death. the Vice-Chair. resignation or any other cause. shall preside at meetings of the Board. (c) three members appointed by the Lieutenant-Governor in Council for such terms and in the manner prescribed by the Board. 2014 Division B Board of Governors 7(1) There shall be a Board of the University. including without limiting the generality of the foregoing. 7(3) Subject to subsection (4). 7(4) If the Chair and the Vice-Chair are absent from a meeting of the Board. the Board may. 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. (b) the President. the Chair. business activities and affairs are vested in the Board. expenditures. including the President and the Vice-Presidents. or in the Chair’s absence. declare vacant the seat of such member. the members of the Board present may elect from among themselves a member of the Board to preside at the meeting. conduct. 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.-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. 7(5) After thirty days notice to any member of the Board appointed or elected pursuant to 7(1)(c) or 7(1)(d). management and control of the University and of its property. to appoint an acting President to hold office pending the completion of the process to appoint a replacement President 262594 v9 . 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.

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

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

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

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

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

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

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

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

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. 2014 27 Upon request of the Lieutenant-Governor in Council.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. For example. 1984 is repealed. 262594 v9 . 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..] PART 5 REPEAL AND COMMENCEMENT 28 The University of New Brunswick Act. 29 This Act comes into force on the day it receives Royal Assent.

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