BILL 60 – 2004
UNIVERSITY AMENDMENT ACT, 2004
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the University Act, R.S.B.C. 1996, c. 468, is amended
(a) by repealing the definition of "senate" and substituting the following:
"senate" means
(a) for a university other than the University of British Columbia, the senate of the university, and
(b) for the University of British Columbia, as circumstances require, the Okanagan senate or the Vancouver senate; , and
(b) by adding the following definitions:
"council" means the council of senates of the University of British Columbia described by section 38.1;
"Okanagan senate" means the senate responsible for academic governance and powers under section 37 for purposes of the parts specified under section 3.1;
"Vancouver senate" means the senate responsible for academic governance and powers under section 37 for purposes of the parts of the University of British Columbia not specified under section 3.1.
2 Section 3 is amended
(a) by adding the following subsection:
(2.1) Despite subsection (2), the University of British Columbia is composed of a chancellor, a convocation, a board, an Okanagan senate, a Vancouver senate, a council and faculties. , and
(b) by repealing subsection (3) and substituting the following:
(3) Each university continues as a corporation.
3 The following section is added to Part 3:
Parts for the Okanagan senate of the University of British Columbia
3.1 The board of the University of British Columbia must specify the parts of the university for which the Okanagan senate has responsibility for academic governance and powers under section 37.
4 Section 16 is amended by adding the following subsection:
(3) If there is a tie vote between 2 or more candidates for an office at the University of British Columbia,
(a) if the office is as a member of a senate, the senate must cast the deciding vote, and
(b) if paragraph (a) does not apply, the council must cast the deciding vote.
5 Section 19 is repealed and the following substituted:
Composition of board
19 (1) The board of a university, other than the University of British Columbia, is composed of 15 members as follows:
(a) the chancellor;
(b) the president;
(c) 2 faculty members elected by the faculty members;
(d) 8 persons appointed by the Lieutenant Governor in Council, 2 of whom are to be appointed from among persons nominated by the alumni association;
(e) 2 students elected from students who are members of an undergraduate student society or a graduate student society;
(f) one person elected by and from the employees of the university who are not faculty members.
(2) The board of the University of British Columbia is composed of 21 members, as follows:
(a) the chancellor;
(b) the president;
(c) a faculty member who works through a part specified under section 3.1, elected by the faculty members who work through the part;
(d) 2 faculty members who work through a part not specified under section 3.1, elected by the faculty members who work through the part;
(e) 11 persons, appointed by the Lieutenant Governor in Council, 2 of whom are to be appointed from among persons nominated by the alumni association;
(f) a student who studies through a part specified under section 3.1, elected from the students who
(i) are members of an undergraduate student society or a graduate student society, and
(ii) study through any part specified under section 3.1;
(g) 2 students who study through a part not specified under section 3.1, elected from the students who
(i) are members of an undergraduate student society or a graduate student society, and
(ii) study through any part not specified under section 3.1;
(h) one person who must work through a part specified under section 3.1, elected by and from the employees of the university who
(i) are not faculty members, and
(ii) work through any part specified under section 3.1;
(i) one person who must work through a part not specified under section 3.1, elected by and from the employees of the university who
(i) are not faculty members, and
(ii) work through any part not specified under section 3.1.
6 Section 26 (2) is repealed and the following substituted:
(2) Fifty one percent of the members of the board constitutes a quorum for the transaction of business of the board.
7 Section 35 is repealed and the following substituted:
Senate of a university other than the University of British Columbia
35 (1) The senate for each university other than the University of British Columbia is continued.
(2) The senate of each university other than the University of British Columbia is composed of the following:
(a) the chancellor;
(b) the president, who is the senate's chair;
(c) the academic vice president or equivalent;
(d) the deans of faculties;
(e) the chief librarian;
(f) the director of continuing education;
(g) a number of faculty members equal to twice the number of senate members provided in paragraphs (a) to (f), to consist of 2 members of each faculty elected by the members of that faculty, and the remainder elected by the faculty members in the manner that they, in joint meeting, determine;
(h) a number of students, equal to the number of senate members provided in paragraphs (a) to (f), elected from the students who are members of an undergraduate student society or a graduate student society, in a manner that ensures that at least one student from each faculty is elected;
(i) 4 persons who are not faculty members, elected by and from the convocation;
(j) one member to be elected by the governing body of each affiliated college of the university;
(k) additional members, determined by the senate, without altering the ratio set out in paragraphs (g) and (h).
Senates of the University of British Columbia
35.1 (1) The University of British Columbia must have a Vancouver senate and an Okanagan senate.
(2) The Vancouver Senate is composed of the following:
(a) the chancellor;
(b) the president, who is the senate's chair;
(c) the academic vice president who must work through a part not specified under section 3.1 or equivalent;
(d) the deans of faculties who must work through a part not specified under section 3.1;
(e) the chief librarian or a person designated for the purpose by the chief librarian;
(f) the director of continuing education or a person designated for the purpose by the director;
(g) a number of faculty members equal to twice the number of senate members provided in paragraphs (a) to (f), to consist of 2 members of each faculty elected by the members of that faculty, and the remainder elected by the faculty members in the manner that they, in joint meeting, determine, but only faculty members employed through parts not specified under section 3.1 can vote or be elected;
(h) a number of students, equal to the number of senate members provided in paragraphs (a) to (f), elected from the students who are members of an undergraduate student society or a graduate student society, in a manner that ensures that at least one student from each faculty is elected, but only students studying through parts not specified under section 3.1 can vote or be elected;
(i) 4 persons who are not faculty members, elected by and from the convocation;
(j) one member to be elected by the governing body of each affiliated college of the university;
(k) additional members, determined by the senate, without altering the ratio set out in paragraphs (g) and (h).
(3) The Okanagan Senate is composed of the following:
(a) the chancellor;
(b) the president, who is the senate's chair;
(c) the academic vice president who must work through a part specified under section 3.1 or equivalent;
(d) the deans of faculties who must work through a part specified under section 3.1;
(e) the chief librarian or a person designated for the purpose by the chief librarian;
(f) the director of continuing education or a person designated for the purpose by the director;
(g) a number of faculty members equal to twice the number of senate members provided in paragraphs (a) to (f), to consist of 2 members of each faculty elected by the members of that faculty, and the remainder elected by the faculty members in the manner that they, in joint meeting, determine, but only faculty members employed through parts specified under section 3.1 can vote or be elected;
(h) a number of students, equal to the number of senate members provided in paragraphs (a) to (f), elected from the students who are members of an undergraduate student society or a graduate student society, in a manner that ensures that at least one student from each faculty is elected, but only students studying through parts specified under section 3.1 can vote or be elected;
(i) 2 persons who are not faculty members, elected by and from the convocation;
(j) additional members, determined by the senate, without altering the ratio set out in paragraphs (g) and (h).
8 Section 37 is amended by adding the following subsection:
(1.1) For the purposes of subsection (1), the academic governance and powers at the University of British Columbia are vested in
(a) the Okanagan senate for the purposes related to the parts specified under section 3.1, and
(b) the Vancouver senate for the purposes related to the parts of the university not specified under section 3.1.
9 Section 38 (1) is repealed and the following substituted:
(1) A certified copy of every resolution or order of the senate or council, providing for any of the matters or things mentioned in section 37 (1) (i), (p) and (u), must be sent to the board within 10 days of the resolution or order being passed.
10 The following sections are added to Part 7:
Council of senates of the University of British Columbia
38.1 (1) A council of senates of the University of British Columbia is established for the University of British Columbia and is composed of the following:
(a) the chancellor;
(b) the president, who is the chair;
(c) the academic vice president or equivalent, for the parts specified under section 3.1;
(d) the academic vice president or equivalent, for the parts of the university not specified under section 3.1;
(e) 4 persons, who are not referred to in paragraphs (a), (b), (c) or (d), elected by the Vancouver senate from among its members;
(f) 4 persons, who are not referred to in paragraphs (a), (b), (c) or (d), elected by the Okanagan senate from among its members;
(g) one or 2 persons designated by the president and, if 2 are designated, one must be designated for the Okanagan Senate and one must be designated for the Vancouver Senate;
(h) up to 10 chairs of the standing committees of the Vancouver senate elected by the persons referred to in paragraphs (a) to (g);
(i) up to 10 chairs of the standing committees of the Okanagan senate elected by the persons referred to in paragraph (a) to (g).
(2) The vice chair of the council is the member of the council specified by the president and serves as chair in the absence of the president.
(3) The term of office on the council of an person referred to in subsection (1) (e) or (f) is 3 years from the date of their election and they may continue in office after that date until another person is elected to the position.
(4) The fact that persons referred to in subsection (1) (e) or (f) cease to be members of the Vancouver senate or the Okanagan senate does not disqualify them from completing their term of office on the council of senates of the University of British Columbia.
Powers of the council of senates of the University of British Columbia
38.2 (1) The president, the board, the Vancouver Senate, the Okanagan Senate or the council may direct that a matter that the Vancouver senate or the Okanagan senate might consider, is considering or has considered in the exercise of that senate's powers under section 37 is referred to the council for consideration and disposition.
(2) If a direction is made under subsection (1),
(a) the council may act to consider and dispose of the matter under section 37 as though it were a senate,
(b) the Vancouver senate or the Okanagan senate involved must cease to act under section 37 concerning the matter insofar as the council may act under paragraph (a), and
(c) the council may substitute its disposition in respect of the matter for any disposition the Vancouver senate or the Okanagan senate may have made.
(3) The council may regulate the conduct of its meetings and proceedings, including the determination of the quorum necessary for the transaction of its business.
(4) Sections 37 (1) (e), (o) and (u) and 43 (1) do not apply to the Vancouver senate or the Okanagan senate and the council may act under those sections as though it was a senate.
11 The following section is added to Part 10:
Power and capacity of a natural person
46.1 Subject to this Act and for the purposes of exercising its powers and carrying out its duties and functions under this Act, a university has the power and capacity of a natural person of full capacity.
12 Section 50 (2) is amended by striking out "Lieutenant Governor in Council" and substituting "minister".
Commencement
13 This Act comes into force by regulation of the Lieutenant Governor in Council.