EXPLANATORY NOTE

The purpose of the Bill is set out in the Preamble.

Bill PR28 2020

An Act respecting Huron University College

Preamble

The Huron University College Corporation has applied for special legislation to enact a new Act in order to alter its organizational and administrative structures and to change its name to Huron University College.

The applicant represents that it was incorporated by An Act to Incorporate “Huron College”, being chapter 31 of the Statutes of the Province of Canada, 1863 (26 Victoria), that it was continued by The Huron College Act, 1958, which was amended in 1964 and 1975, and continued under its current name by the Huron University College Act, 2000.

It is appropriate to grant the application.

Therefore, 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,

“Academic Council” means the Academic Council of Huron University College;

“Board” means the Board of Governors of Huron University College;

“Huron” means Huron University College.

The Huron University College Corporation continued

2 (1)  The Huron University College Corporation is continued as a corporation without share capital under the name Huron University College.

First Board

(2)  The members of the executive board of The Huron University College Corporation who are in office immediately before this Act comes into force shall be the first Board of the corporation continued under subsection (1).

Same

(3)  The first Board shall, no later than 12 months after the day this Act comes into force, elect or appoint members to the Board to ensure that the Board is constituted in accordance with the requirements of section 4, and each member of the Board so appointed or elected shall hold office for such term as is determined by the Board, to ensure an effective succession of members of the Board.

Academic council

(4)  The members of the Academic Council of The Huron University College Corporation who are in office immediately before this Act comes into force shall be the first Academic Council of the corporation continued under subsection (1).

First President

(5)  The person serving as Principal of The Huron University College Corporation immediately before this Act comes into force shall be the president of the corporation continued under subsection (1) and shall remain in office until the expiry of his term in office.

Property

(6)  All real and personal property which, immediately before this Act comes into force, was vested in The Huron University College Corporation continues, subject to this Act, to be vested in the corporation continued under subsection (1).

Reference to former name

(7)  Any reference to Huron College, Huron University College or The Huron University College Corporation in an agreement or other document, other than a degree, honorary degree, title, diploma or certificate conferred before this Act comes into force, is deemed to be a reference to the corporation continued under subsection (1).

Objects

3 (1)  The objects of Huron are,

  (a)  to operate a post-secondary institution that,

         (i)  provides post-secondary programs leading to the conferring of degrees, titles, diplomas and certificates in divinity, and

        (ii)  offers other post-secondary programs pursuant to the terms of an affiliation with another institution of higher learning; and

  (b)  for the further attainment of its objects, to acquire, accept, solicit or receive, by purchase, lease, contract, donation, legacy, gift, grant, bequest or otherwise, any kind of real or personal property and to hold, manage, sell or convert such property and to enter into and carry out agreements, contacts and undertakings incidental thereto.

Powers

(2)  For the purposes of carrying out its objects, Huron may,

  (a)  confer the degrees of Bachelor of Divinity, Master of Divinity, and Doctor of Divinity;

  (b)  confer titles, diplomas and certificates in divinity;

  (c)  confer honorary degrees in divinity;

  (d)  appoint committees, including a committee to make recommendations for conferring honorary degrees in divinity, and delegate to such committees the authority to act for the Huron;

  (e)  affiliate Huron with any other institution of higher learning, and dissolve any such affiliation; and

   (f)  make by-laws for the conduct of its affairs.

Board

4 (1)  Except for the matters assigned by this Act to the Academic Council, the affairs of Huron shall be managed by the Board.

Members of the corporation

(2)  The persons composing the Board shall constitute the members of the corporation continued under subsection 2 (1).

Composition

(3)  The members of the Board shall be,

  (a)  the Bishop of the Diocese of Huron in the ecclesiastical province of Ontario of the Anglican Church of Canada or the Bishop’s designate;

  (b)  the Chancellor of Huron, if one is appointed;

  (c)  the President of Huron;

  (d)  the President of the Huron Students’ Council;

  (e)  the Dean of the Faculty of Arts and Social Sciences;

   (f)  the Dean of the Faculty of Theology;

  (g)  no fewer than ten and no more than 25 persons, other than students, employees or faculty members of Huron, or the spouse, parent or child of any of the foregoing, to be elected by the Board and to hold office for a term of four years, or such shorter period as the Board may determine, and who shall be eligible for re-appointment; and

  (h)  two tenured members of the Huron faculty, one from each of the Faculty of Arts and Social Sciences and the Faculty of Theology, who shall hold office for a term of four years, but shall cease to hold office upon ceasing to be a full-time member of the faculty of Huron, and who shall be eligible for re-appointment.

Vacancies

(4)  If a member of the Board appointed under clause (3) (g) is absent from three consecutive meetings without leave of the Board entered in its minutes, the Board may by resolution declare his or her membership on the Board vacant.

Chair

(5)  The Board shall elect a chair from among the members appointed under clause (3) (g) to hold office for a term determined by the Board.

Same

(6)  The Board may appoint any of its members to act in the place of the chair if the chair is absent from any meeting of the Board.

Secretary

(7)  The Board shall appoint one of its members as secretary of the Board who shall attend all meetings of the Board and who shall be entitled to vote.

Powers of Board

5 The Board may,

  (a)  make by-laws for the conduct of its affairs;

  (b)  appoint committees and delegate to any such committee the authority to act for the Board;

  (c)  appoint the President, Deans and faculty members of Huron, and all other officers and employees as it considers necessary for the purposes of Huron, establish their duties, fix their remuneration, determine their tenure of office and provide for their retirement and superannuation;

  (d)  appoint a chancellor, to serve as the titular head of Huron, for such term of office as the Board determines;

  (e)  establish departments and chairs in any subjects taught at Huron;

   (f)  enter into agreements for the founding, establishment or maintenance of chairs, scholarships, prizes, bursaries and other awards;

  (g)  manage the buildings, residences and other properties operated and maintained by Huron;

  (h)  fix the fees to be paid for academic and ancillary services;

   (i)  expend funds as it may consider necessary for the support and maintenance of Huron, including for the betterment of existing buildings, for the erection of new buildings and for the furnishing and equipment of such existing and newly erected buildings;

   (j)  subject to the limitations imposed by any trust, invest its money in such manner as it sees fit; and

  (k)  purchase, acquire, and dispose of all real and personal property as it may consider necessary for the purposes of Huron.

Academic Council

6 (1)  There shall be an Academic Council of Huron composed of,

  (a)  the President, the Deans, all full professors on the full-time faculty and the Chief Librarian of Huron;

  (b)  nine persons elected by the associate professors, assistant professors, and other members of the full-time faculty of Huron, other than full professors, from among their number;

  (c)  three persons appointed by the Board, who need not be members of the Board;

  (d)  the President of the Huron Students’ Council, the Theological Representative on the Huron Students’ Council and the Academic Representative on the Huron Students’ Council; and

  (e)  four Huron students appointed by the Huron Students’ Council.

Term of office

(2)  The members of the Academic Council elected under clause (1) (b) shall hold office for a term of four years but shall cease to hold office upon ceasing to be a full-time member of the faculty of Huron.

Same

(3)  The members of the Academic Council appointed under clause (1) (c) shall hold office for a term of four years and are eligible for re-appointment.

Same

(4)  The members of the Academic Council appointed under clause (1) (e) shall hold office for a term of one year, or until they cease to be registered as Huron students, and are eligible for re-appointment.

Vacancy

(5)  A vacancy in a membership on the Academic Council may be filled by appointing or electing a person in the same manner and by the same authority as the vacating member was appointed or elected and the person appointed or elected to fill the vacancy shall remain in office for the remainder of the vacating member’s term of office.

Chair

(6)  The President of Huron shall be chair of the Academic Council.

Quorum

(7)  The Academic Council shall determine the number of members that constitutes a quorum for the purpose of conducting meetings, which shall be not less than one-third of its members.

Same

(8)  The Academic Council may exercise any of its powers so long as there are in office on the Academic Council at least one-half of the number of members required by subsection (1).

Powers of Academic Council

7 (1)  The Academic Council may,

  (a)  make rules for the conduct of its affairs;

  (b)  determine all matters relating to the academic life of Huron, including the standards of admission to and continued registration in Huron, the qualifications for graduation and for conferring degrees, titles, diplomas and certificates and the curricula of programs and courses;

  (c)  determine all matters related to examinations and the appointment of examiners; and

  (d)  consider and decide all applications for admission to courses in Arts and Theology and recommend to the Board all candidates for degrees, other than honorary degrees in Theology, titles, diplomas and certificates.

Limitation

(2)  The powers under clauses (1) (b), (c) and (d) are subject to the terms of any affiliation agreement to which Huron is a party.

President

8 (1)  The Board shall appoint a President of Huron, who may be a professor or officer of Huron, or any other person.

Chief executive officer

(2)  The President shall be the chief executive officer of Huron and shall have supervision over and direction of the academic and general administration of the corporation and such other duties as may be conferred upon him or her by the Board.

Vice-chancellor

(3)  In the event that the Board appoints a chancellor, the President shall also be the vice-chancellor of Huron.

Property

9 (1)  All real property vested in Huron is deemed, for the purpose of the application of any statute of limitations, including any statute limiting or defining the period for investigation of titles, to have been and to be real property vested in the Crown in right of Ontario for the public uses of the Province of Ontario.

Same

(2)  The real property vested in Huron shall not be liable to be entered upon, used or taken by any corporation, except a municipal corporation, or by any person possessing the right of taking land compulsorily for any purpose, and no power to expropriate real property conferred after this Act comes into force shall extend to such real property unless the Act conferring the power to expropriate expressly provides that the power applies to the real property vested in the corporation.

Auditors

10 (1)  The Board shall annually appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and transactions of Huron.

Financial report

(2)  The Board shall submit an annual financial report to the Minister of Colleges and Universities in the form and containing the information that may be required by the Minister.

By-laws

11 The by-laws of Huron shall be open to examination during normal business hours and shall be published from time to time in the manner the Board considers appropriate.

Revocation

12 The Huron University College Act, 2000 is repealed.

Commencement

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

Short title

14 The short title of this Act is the Huron University College Act, 2020.