Bill 88, Ontario College of Art & Design Act, 2001

[37] Bill 88 Original (PDF)

Bill 88 2001

An Act to revise
The Ontario College of Art
Act, 1968-69

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"board" means the board of governors of the College; ("conseil")

"College" means the Ontario College of Art & Design. ("École")

Continuation of corporation

2. (1) The Ontario College of Art is continued as a corporation without share capital under the name "Ontario College of Art & Design" in English and "École d'art et de design de l'Ontario" in French and shall consist of the members of its board.

Conflicts

(2) In the event of a conflict between a provision of this Act and a provision of the Corporations Act, the provision of this Act prevails.

Objects

3. The objects of the College are to provide the opportunity and environment for advanced, studio-based education in art and design at the undergraduate and graduate levels and to support teaching, research and professional practice in these fields.

Powers

4. (1) The College has all powers necessary and incidental to its objects.

Degrees, diplomas

(2) The College may grant,

(a) the diploma of Associate of the Ontario College of Art & Design;

(b) the baccalaureate degrees of Bachelor of Fine Arts and Bachelor of Design; and

(c) the graduate degrees of Master of Arts, Master of Fine Arts and Master of Design.

Certificates, honorary degrees

(3) The College may grant certificates and confer any or all honorary degrees, consistent with its objects.

Affiliation

(4) The College may affiliate or federate with other universities, colleges and institutions of learning, on such terms and for such periods of time as the board may determine.

Board of governors

5. (1) There shall be a board of the College, consisting of,

(a) the president of the College, by virtue of office;

(b) six members, appointed by the Lieutenant Governor in Council, who are neither students nor employees of the College; and

(c) such other members as may be set out in the by-laws of the College so long as at least a majority of the members of the board are persons who are neither students nor employees of the College.

By-law respecting elections

(2) The board shall by by-law determine the manner and procedure for the election of members described in clause (1) (c) and eligibility requirements for election to the board.

Term

(3) The term of office for each member of the board, other than the president, shall be not more than three years, as determined by by-law, and each member is eligible for re-appointment or re-election.

Limitation

(4) A person may not be a member of the board for more than six consecutive years, but is eligible for reappointment or re-election after one year's absence from the board.

Vacancies

(5) A vacancy on the board occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the board;

(b) a member is incapable of continuing to act as a member and the board by resolution declares the membership to be vacated;

(c) the board by resolution declares a membership to be vacated for failure to attend sufficient meetings, as provided in the by-laws of the College; or

(d) a majority of the persons entitled under the by-laws of the College to vote for the election of a member vote or sign a petition in favour of removing the member from office.

Same

(6) If a vacancy on the board occurs before the term of office for which a member has been appointed or elected has expired, the vacancy shall be filled in a timely fashion, as provided in the by-laws, in the same manner and by the same body as the member whose membership is vacant was appointed or elected and the new member shall hold office for the remainder of the unexpired portion of the term of the member he or she is replacing.

Quorum

(7) A quorum of the board consists of a majority of its members and that majority must include,

(a) at least half of the members who are students or employees of the College; and

(b) at least half of the members who are not students or employees of the College.

Chair, vice-chair

(8) The board shall annually elect a chair and vice-chair from among its members who are not students or employees of the College and shall fill any vacancy in the office of chair or vice-chair from among such members.

Duties

(9) The chair shall preside over the meetings of the board and, if the chair is unable to act or if the position is vacant, the vice-chair shall act in his or her place and, if both the chair and vice-chair are unable to act, the board may appoint a member who is not a student or employee of the College to act temporarily in their place.

Powers and duties of board

6. (1) The board is responsible for governing and managing the affairs of the College and has the necessary powers to do so, including the power,

(a) to establish academic policies and control the manner in which they are implemented;

(b) to appoint and remove the president;

(c) to appoint committees and assign or delegate to them such duties and responsibilities as may be provided in the by-laws of the College, including authorizing them to act on behalf of the board in the matters specified in the by-law;

(d) to establish advisory bodies;

(e) to establish administrative and operational policies and procedures, including organizational structures, staffing requirements, qualifications and duties of staff and conditions of employment;

(f) to establish and collect fees and charges for tuition and other services that may be offered by the College or that may be approved by the board on behalf of any organization or group of the College;

(g) to regulate the conduct of students, staff and all persons who use the property of the College, including denying any person access to the property;

(h) to define, for the purposes of this Act and the by-laws, the following terms: student, staff, employee, manager, teaching faculty and academic staff;

(i) to conclusively determine which body within the College has jurisdiction over any matter;

(j) to consider, coordinate and implement long-range administrative and operational plans, including the physical development of the College;

(k) to determine the manner and procedure for electing members described in clause 5 (1) (c) to the board, including establishing constituencies and voting practices; and

(l) to make by-laws, resolutions and rules for the conduct of its affairs.

Standard of conduct

(2) Every member of the board shall exercise the powers and carry out the duties of his or her office diligently, honestly, in good faith, in the best interests of the College and in accordance with any other criteria set out in the by-laws of the College.

Conflict of interest

(3) A member of the board or of a committee created by it who has a conflict of interest, as defined in the by-laws or conflict of interest guidelines of the College, as the case may be, in a matter in which the College is concerned shall declare his or her interest as soon as possible and no later than at the first meeting at which the matter is to be considered and, if required by the by-laws or guidelines, shall withdraw from the meeting during the discussion of the matter and shall not vote on the matter.

Exception, employee

(4) Despite subsection (3), a member of the board who is also an employee of the College may take part in discussing and voting on issues concerning general conditions of employment for College employees, unless the discussion and voting deals with the circumstances of the particular employee as an isolated issue, separate and apart from consideration of other employees.

Exception, student

(5) Despite subsection (3), a member of the board who is also a student may take part in discussing and voting on issues concerning students generally, unless such discussion and voting deals with the circumstances of the particular student as an isolated issue, separate and apart from consideration of other students.

Academic council

7. (1) There shall be an academic council of the College consisting of such voting and non-voting members as may be provided for in the by-laws of the College so long as a majority of the voting members are members of the teaching faculty of the College.

Changes

(2) Changes in the composition of the academic council may be made by the board on the recommendation of the academic council, as provided in the by-laws of the College, except no change may be made which would reduce the number of teaching faculty members on the academic council to less than a majority of the voting members of the academic council.

Quorum

(3) A quorum of the academic council consists of a majority of the voting members and that majority must include at least half of the members who are members of the teaching faculty.

Duties

(4) The academic council shall make recommendations to the board with respect to the establishment of academic standards and curricular policies and procedures of the College and the regulation of such standards, policies and procedures, including,

(a) academic organizational structures and programs of study within the College;

(b) the qualifications, appointment, duties, responsibilities, promotion, status, granting of leaves and termination of teaching faculty and academic staff;

(c) the conduct of teaching faculty and academic staff;

(d) student admission standards, the requirements for graduation and the granting of degrees, honorary degrees, diplomas and certificates;

(e) the allocation or use of College resources for academic purposes;

(f) consideration and co-ordination of long-range academic and curricular planning; and

(g) such other matters relating to academic issues as may be assigned to it by the College.

Action of the board

(5) The board shall approve each such recommendation, refer the matter back to the academic council for further consideration or reject the recommendation if the board believes that it would impair the financial stability of the College or because it is inconsistent with the objects of the College.

President

8. (1) There shall be a president of the College appointed by the board in such manner and for such term as the board shall determine.

Powers and duties

(2) The president is the chief executive officer of the College and has supervision over and direction of the academic and general administration of the College, its students, managers, teaching faculty and academic staff and other employees, and such other powers and duties as may be conferred upon or assigned to him or her by the board.

Vice-president

(3) The board may, on the recommendation of the president, appoint one or more vice-presidents and other managers who shall have such powers and duties as may be conferred on them by the board.

Meetings

9. (1) Subject to subsection (2), meetings of the board and meetings of its permanent committees shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the College.

Exclusion

(2) The board may exclude any person from part of a meeting during which a confidential matter or a matter of a personal nature concerning an individual is being considered.

By-laws

10. (1) The by-laws of the College shall be open to examination by members of the public during normal business hours.

Publication

(2) The College shall publish its by-laws in such manner and at such time as it considers proper.

Property

11. (1) The College may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the College, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.

Vesting

(2) All property granted, conveyed, devised or bequeathed to the Ontario College of Art or to the Council of the Ontario College of Art, before or after this Act comes into force, and all property held in trust by the Ontario College of Art or by the Council of the Ontario College of Art, before or after this Act comes into force, is vested in the College, subject to any trusts or conditions affecting the property.

Exemption from taxation

(3) Land vested in the College and land and premises leased to and occupied by the College are exempt from provincial and municipal taxes and development charges, so long as the vested land or leased land and premises are actually used and occupied for the objects of the College.

Protection from expropriation

(4) Land vested in the College is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this Act comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.

Deemed vesting in Crown

(5) All property vested in the College shall be deemed to be vested in the Crown for the public uses of Ontario for the purposes of,

(a) the Limitations Act; or

(b) if section 26 of Bill 10 (An Act to revise the Limitations Act, introduced on April 25, 2001), as numbered in the first reading version of the Bill, comes into force, the Real Property Limitations Act.

Use of property

(6) The property and the revenue of the College shall be applied solely to achieving the objects of the College.

Non-application

(7) Section 8 of the Charities Accounting Act does not apply to the College.

Investments

(8) The funds of the College not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust monies belonging to various trusts in the care of the board into a common trust fund.

Borrowing

(9) The College, if authorized by its by-laws may, on such terms and in such amounts as the board may approve,

(a) borrow money and give security on money borrowed; and

(b) issue or give bonds, debentures and obligations as security.

Audits and reports

12. (1) The board shall appoint one or more public accountants licensed under the Public Accountancy Act to audit the accounts, trust funds and transactions of the College at least once a year.

Financial report

(2) The College shall make a financial report annually to the Minister of Training, Colleges and Universities in such form and containing such information as the Minister may require.

Other reports

(3) The College shall submit to the Minister of Training, Colleges and Universities all other reports as the Minister may require.

Transition

13. (1) The College shall grant to all its students and former students full recognition for all credits and marks awarded by the Ontario College of Art before the coming into force of this Act.

Continuation

(2) The Council of the Ontario College of Art, as it exists immediately before the coming into force of this Act, is continued as the board of governors of the College for the purpose of,

(a) appointing and conducting the election of members of the board as provided in this Act; and

(b) carrying out all the functions of the board as provided in this Act until the board is constituted under this Act.

Rotating membership

(3) The term of office of the members of the first board appointed or elected after the coming into force of this Act shall be one year, two years or three years, as determined by the board continued under subsection (2).

By-laws, etc., continued

(4) The by-laws, resolutions, orders and rules made by the Ontario College of Art shall, insofar as they are not inconsistent with this Act and are capable of being applied, implemented or complied with by the College, shall remain in force until remade, amended or repealed under this Act.

Repeal

14. The Ontario College of Art Act, 1968-69 is repealed.

Commencement

15. This Act comes into force on the day it receives Royal Assent.

Short title

16. The short title of this Act is the Ontario College of Art & Design Act, 2001.

EXPLANATORY NOTE

The purpose of the Bill is to revise The Ontario College of Art Act, 1968-69 to, among other things, give the College the authority to grant degrees, change the name of the Ontario College of Art to the Ontario College of Art & Design, make changes in the composition of its board and make other administrative changes.