Wilfrid Laurier University Act 1973
Bill 178 (1973) - 3rd Session - 29th Legislature - Ontario - Canada
BILL 178, 1973
An Act respecting Wilfrid Laurier University
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
Waterloo Lutheran Seminary
1.--(1) The body corporate known as "Waterloo Lutheran University" is hereby continued under the name of "Waterloo Lutheran Seminary" and, subject to the provisions of this Act, shall have, hold, possess and enjoy all the property, rights, powers and privileges which it now holds, possesses or enjoys, and all by-laws, order and regulations of Waterloo Lutheran University in force on the day of this Act comes into force shall continue in force until amended or repealed by the Board of Governors or the Senate, as the case may be, of Waterloo Lutheran Seminary, but no such by-law, order or regulation shall apply to Wilfrid Laurier University.
Degrees
1.--(2) Waterloo Lutheran Seminary shall not possess the power of conferring degrees, except in theology, and its power of conferring degrees, in theology is suspended and in abeyance during the period in which Waterloo Lutheran Seminary is federated with Wilfrid Laurier University.References to Waterloo College
1.--(3) Where, before the passing of this Act, the name "Waterloo College" or "Waterloo University College" was used by Evangelical Lutheran Seminary of Canada or by Waterloo Lutheran University, such name shall for all purposes be taken to mean Wilfrid Laurier University. References to Waterloo Seminary
1.--(4) Where, before the passing of this Act, the name "Waterloo Seminary" or "Waterloo Lutheran Seminary" was used by Evangelical Lutheran Seminary of Canada of Waterloo Lutheran University, such name shall for all purposes be taken to mean Waterloo Lutheran Seminary continued under this Act.Lands vested in Waterloo Lutheran Seminary and the University
1.--(5) The lands and premises more particularly described and set forth in the Schedule hereto are vested in Waterloo Lutheran Seminary and all other lands and premises vested in Waterloo Lutheran University on the 31st day of October, 1973, are vested in Wilfrid Laurier University on the 1st day of November, 1973.
PART II
Interpretation
2.--(1) In this Part,
 |
2.--(1) (a) "administrative staff" means the employees of the University and any federated or affiliated college, but does not include persons who are members of faculty; |
2.--(1) (b) "affiliated college" means a college affiliated with the University either directly or through a federated college;Conflict R.S.O. 1970, c. 89
2.--(1) (c) "alumni" means the former students of Evangelical Lutheran Seminary of Canada, Waterloo College, Waterloo University College, Waterloo Lutheran Seminary, Waterloo Seminary, Waterloo Lutheran University and the University;
2.--(1) (d) "alumni association" means such organization of alumni as is from time to time recognized as such by the Board of Governors;
2.--(1) (e) "Board of Governors" means the Board of Governors of the University;
2.--(1) (f) "Chancellor" means the Chancellor of the University;
2.--(1) (g) "faculty" means any academic division of the University either so designated by the Board of Governors or determined by the Board of Governors as having status comparable to that of a faculty but being otherwise designated;
2.--(1) (h) "federated college" means a college federated with the University and includes Waterloo Lutheran Seminary;
2.--(1) (i) "graduates" means graduates of the University and includes persons who have completed courses of instruction at Evangelical Lutheran Seminary of Canada, Waterloo College, Waterloo University College, Waterloo Lutheran Seminary, Waterloo Seminary or Waterloo Lutheran University, and persons who have been awarded degrees by Waterloo Lutheran University or by the University of Western Ontario upon the recommendation of the faculty of Waterloo College or Waterloo Lutheran Seminary;
2.--(1) (j) "member of faculty" means a person employed by the University or by any federated or affiliated college, whose duties are those of performing and administering the teaching and research functions of the University or of any federated or affiliated college, and who is included in the lecturer or professorial ranks, but does not include any such person who is a student;
2.--(1) (k) "President" means the President of the University;
2.--(1) (l) "property" includes real and personal property;
2.--(1) (m) "real property" includes messuages, lands, tenements and hereditaments, whether corporeal or incorporeal, and any undivided share thereof and any estate or interest therein;
2.--(1) (n) "regular member of faculty" means a member of faculty with tenure or having a probationary term appointment or a full-time definite term appointment;
2.--(1) (o) "Senate" means the Senate of the University;
2.--(1) (p) "student" means a person who is registered as such by the University in a program that leads to a degree, diploma or certificate of the University;
2.--(1) (q) "University" means Wilfrid Laurier University;
2.--(1) (r) "year" means the membership year of the Board of Governors and the Senate and shall be any twelve month period established by the Board of Governors from time to time, but the first membership year after this Act comes into force shall be the period from the 1st day of November, 1973, to the 30th day of April, 1974.
2.--(2) In the event of conflict between any provision of this Act and any provision of The Corporations Act, the provision of this Act prevails.University Incorporated
3. The Chancellor, the President and such other persons who may hereafter become members of the Board of Governors are hereby created a body corporate with perpetual succession and a common seal to be known under the name of Wilfrid Laurier University.Objects
4. The objects of the University are the pursuit of learning through scholarship, teaching and research within a spirit of free enquiry and expression.Powers
5. The University has all powers necessary and incidental to the satisfaction and furtherance of its objects as a University.Religious test not required
6. No religious test shall be required by the University of any of its members of faculty, students, officers or employees, nor shall any religious observance according to the regulations of any particular denomination or sect be imposed upon them or any of them.Proceedings in University name
7. All proceedings by or against the University may be had and taken in the name of Wilfrid Laurier University.BOARD OF GOVERNORS
Composition
|
|
8.--(1) The Board of Governors shall consist of thirty-three members as follows: |
8.--(1) (1) The Chancellor and the President who shall be ex officio members.
8.--(1) (2) One member appointed by each of The Regional Municipality of Waterloo. The Corporation of the City of Waterloo and The Corporation of the City of Kitchener.
8.--(1) (3) Two members appointed by the Board of Governors of Waterloo Lutheran Seminary.
8.--(1) (4) Six members appointed by the Lieutenant Governor in Council.
8.--(1) (5) Three members elected by the Senate from among the members of faculty on the Senate.
8.--(1) (6) Two members elected by the members of faculty from among the members of faculty.
|
|
8.--(1) (7) Two members elected by the students from among the students. |
8.--(1) (8) Two members elected by the administrative staff from among the administrative staff.Manner of election
8.--(1) (9) Three members who are not members of faculty or administrative staff or students appointed by the alumni association from among the alumni.
8.--(1) (10) Eight members appointed in the first instance by the Lieutenant Governor in Council and thereafter by the Board of Governors to represent a broad spectrum of the public, provided that such a member shall not be a member of faculty, a member of the administrative staff or a student of the University or of any federated or affiliated college, or a member of the faculty, staff, student body, governing body or senate of any other degree-granting institution of higher learning.
|
|
8.--(2) The members to be elected under paragraphs 6, 7 and 8 of subsection 1 shall be elected in such manner and in accordance with such procedures as are determined and established by the Board of Governors. |
Canadian Citizenship
|
|
8.--(3) No person is eligible as a member of the Board of Governors unless he is a Canadian citizen. |
Term of Office
9.--(1) Except as provided in subsection 2, all appointed and elected members shall hold office for a period of three years, except that with respect to such members first appointed and elected, the Board of Governors shall determine and select those persons who shall serve for a period of one year, those who shall serve for a period of two years, and those who shall serve for a period of three years.
|
|
Idem 9.--(2) The members referred to in paragraph 7 of subsection 1 of section 8 shall hold office for a period of two years, except that with respect to such members first elected, the Board of Governors shall determine and select the student who shall serve for a period of one year and the student who shall serve for a period of two years. |
|
|
Chairman and Vice-Chairman 10.--(1) The Board of Governors shall elect annually a Chairman and a Vice-Chairman from among its members appointed under paragraphs 4, 9 and 10 of subsection 1 of section 8 and, in the event of the absence or illness of that Chairman, or, in the event of a temporary vacancy in that office, the Vice-Chairman shall act as and have all the powers of the Chairman. |
|
|
Absence 10.--(2) In case of the absence or illness of the Chairman and of the Vice-Chairman, the Board of Governors may appoint one of its members to act as chairman pro tempore and the member so appointed shall act as and have all the powers of the Chairman. |
|
|
Term of Office 10.--(3) The term of office of the Chairman and Vice-Chairman is one year, provided that each of them is eligible for re-election. |
Quorum
11. The quorum of the Board of Governors, to be designated by by-law of the Board, shall consist of not fewer than twelve members, at least one-half of whom shall consist of members of the Board appointed under paragraphs 4, 9, and 10 of subsection 1 of section 8.Powers of the Board of Governors
12. The government of the University and the control of its property and revenues, the conduct of its business and affairs, except with respect to such matters as are assigned by this Act to the Senate, are vested in the Board of Governors, and the Board of Governors has all powers necessary or convenient to perform its duties and to achieve the objects of the University and, without limiting the generality of the foregoing, has the power to,Conduct responsibility of federated or affiliated college
12. (a) appoint, promote, suspend and remove the President and all other officers of the University, heads and associate heads of faculties, the members of faculty or administrative staff of the University, and all other agents of the University, but no person shall be appointed, promoted, suspended or removed as the head of a faculty or school, as a senior administrative officer or as a member of faculty except on the recommendation of the President;
12. (b) grant tenure to a member of faculty of the University and terminate such tenure;
12. (c) plan and implement the physical development of the University;
12. (d) borrow money for the purpose of the University and give security therefore on such terms and in such amounts as the Board of Governors may consider advisable or as from time to time may be required;
12. (e) establish and collect fees and charges for academic tuition and for services of any kind that may be offered by the University and to collect such fees and charges, as approved by the Board of Governors, on behalf of any entity, organization or element of the University;
12. (f) regulate the conduct of the members of faculty, students and administrative staff of the University and of all other persons coming upon and using the lands and premises of the University or deny access thereto;
12. (g) establish and enforce the rules and regulations with regard to the use and occupancy of its buildings and grounds or other operations;
12. (h) provide for the appointment and discharge of committees but, where authority is conferred upon any such committee to act for the Board of Governors with respect to any matter or class of matters, a majority of the members thereof shall be members of the Board of Governors;
12. (i) invest all money that comes into its hands and is not required to be expended for any purpose to which it lawfully may be applied, subject always to any express limitations or restrictions on investment powers imposed by the terms of the instruments creating any trust as to the same, in such manner as it considers proper;
12. (j) enact by-laws and regulations for the conduct of its affairs; and
12. (k) do all such acts and things as are necessary or expedient for the conduct of its affairs and the affairs of the University.
13. The governing body of a federated or affiliated college has jurisdiction over and entire responsibility for the regulation of the conduct of all persons in respect of all matters arising or occurring in or upon its buildings and grounds.Determination of disputes
14. The Board of Governors shall determine the proper body within the University to exercise jurisdiction in any question as to the proper body under which it should come, and the decision of the Board of Governors in such matter is final.
|
|
SENATE Composition 15.--(1)... |
15.--(1) There shall be a Senate of the University composed of:
15.--(1) (a) the following ex officio members:
15.--(1) (a) (1) The Chancellor.
15.--(1) (a) (2) The President.
15.--(1) (a) (3) The Chairman of the Board of Governors.
15.--(1) (a) (4) The head of each federated or affiliated college.
15.--(1) (a) (5) Each Vice-President.
15.--(1) (a) (6) The Dean of each faculty of the University.
15.--(1) (a) (7) The Librarian of the University.
15.--(1) (a) (8) The Registrar of the University.
15.--(1) (a) (9) Such other ex officio members as the Senate by by-law may, from time to time, designate;
15.--(1) (b) The following members, of whom those elected under paragraphs 2 and 5 shall be elected in such manner and in accordance with such procedures as are determined and established by the Senate:
15.--(1) (b) (1) Three members of the Board of Governors other than the Chairman thereof, such members to be appointed by that Board from among its members appointed under paragraphs 4, 9 and 10 of subsection 1 of section 8.
15.--(1) (b) (2) Eight members elected by the students from among the students.
15.--(1) (b) (3) Two members appointed by the Senate to represent the secondary school system of Ontario.
15.--(1) (b) (4) Three members who are not members of faculty or administrative staff or students appointed by the alumni association from among the alumni.
|
|
15.--(1) (b) (5) Members of faculty equal in number to one more that the total number of all other members of the Senate, provided that,15.--(1) (b) (5) (i) one member of faculty shall be elected from each University department, as defined by the Senate, by the members of faculty of each such department, |
Eligibility of members
15.--(2) No person is eligible for appointment or election as a member of the Senate who is a member of the faculty, staff, student body, governing body or senate of any degree-granting university, college or other institution of higher learning, other than the University and its federated or affiliated colleges, unless such person is a regular member of faculty.Term of office
16.--(1) Except as provided in subsection 2, all appointed and elected members shall hold office for a period of three years, except that with respect to such members first appointed and elected, the Senate shall determine and select those persons who shall serve for a period of one year, those who shall serve for a period of two years, and those who shall serve for a period of three years.
Idem
16.--(2) The members referred to in paragraph 2 of clause b of subsection 1 of section 15 shall hold office for a period of two years, except that with respect to such members first elected, the Senate shall determine and select those students who shall serve for a period of one year and two years, respectively.
|
|
Chairman of the Senate 17.--(1) The President of the University is the Chairman of the Senate, and the Vice-President: Academic is the Vice-Chairman thereof. Absence 17.--(2) In case of the absence or illness of the Chairman and of the Vice-Chairman, the Senate may appoint one of its members to act as Chairman pro tempore and the member so appointed shall act as and have all the powers of the Chairman. |
Meetings
18.--(1) The Senate shall meet not less than four times a year, either when convened by the President or at such other times as the members of the Senate may appoint, and at such place as the President may designate.Quorum
18.--(2) A majority of all the members of the Senate constitutes a quorum.Questions to be decided by vote
18.--(3) All questions before the Senate shall be decided by a majority of the votes of the members present, including the vote of the President or other presiding member of the Senate, unless otherwise determined in the by-laws.Powers of the Senate
19. The Senate has the power to establish the educational policies of the University and to make recommendations to the Board of Governors with respect to any matter relative to the operation of the University and, without limiting the generality of the foregoing, has the power to,
19. (a) make recommendations to the Board of Governors relative to the establishment, maintenance, modifications or termination of organizational structures such as faculties, schools, institutes, departments or chairs within the University;BOARD OF GOVERNORS AND SENATE
19. (b) establish, maintain, modify or remove curricula of all courses of instruction including extension courses, subject to the approval of the Board of Governors in so far as the expenditure of funds is concerned;
19. (c) determine policies concerning the qualifications of members of faculty within the University with respect to appointments, promotions in rank, or the granting and termination of tenure;
19. (d) determine standards of admission of students to the University;
19. (e) consider and determine the conduct and results of examinations in all faculties;
19. (f) hear and determine appeals from the decisions of the faculty councils on applications and examinations by students;
19. (g) grant the degrees of Bachelor, Master and Doctor, and diplomas, certificates or other awards in any and all branches of learning taught in the University or in a federated or affiliated college;
19. (h) grant honorary degrees in any branch of learning;
19. (i) undertake, consider and co-ordinate long-range academic planning;
19. (j) consider and recommend to the Board of Governors policies concerning the internal allocation or use of University resources;
19. (k) create councils and committees to exercise its powers;
19. (l) enact by-laws and regulations for the conduct of its affairs; and
19. (m) do all such acts and things as are necessary or expedient for the conduct of its affairs.
Reappointment and re-election
20.--(1) Subject to subsection 2, members of the Board of Governors and of the Senate are eligible for reappointment or re-election, as the case may be, except that an appointed or elected member shall not serve for more than two consecutive terms, but any such appointed or elected member shall be again eligible for appointment or election after the expiration of one year following the completion of two consecutive terms.
Idem
20.--(2) The limit of two consecutive terms referred to in subsection 1 does not include the balance of an unexpired term for a person appointed or elected under section 23 or the first term of those persons first appointed or elected under section 8 or 15.
|
|
[New subsections added per the 2001 amendment act] |
Absence from meetings
|
|
21.--(1) If, within any year, a member of the Board of Governors or of the Senate, not having been granted permission to be absent by such body, attends less than 50 per cent of the regular meetings of such body, his membership on such body is ipso facto vacated and a confirmatory resolution shall be passed by the Board of Governors or by the Senate, as the case may be, declaring the membership vacant. |
Evidence of vacancy
21.--(2) A resolution passed under this section and entered in the minutes of the pertinent meeting of the Board of Governors or of the Senate, as the case may be, is conclusive evidence of the vacancy declared therein.Membership vacated
|
|
22. If any event occurs which would make any member of the Board of Governors or of the Senate, as the case may be, ineligible by reason of such occurrence to be appointed or elected to such body, his membership on such body is ipso facto vacated and a confirmatory resolution shall be passed by the Board of Governors or by the Senate, as the case may be, declaring the membership vacant, except that a student member of the Board of Governors or of the Senate, as the case may be, who graduates during his term of office is entitled to serve for the remainder of such term. |
Filling vacancies
23. Where a vacancy on the Board of Governors or on the Senate, as the case may be, occurs before the term of office for which a member has been appointed or elected has expired, the vacancy may be filled by the same authority in the same manner as the member whose membership is vacant was appointed or elected, as the case may be, and a member so appointed or elected shall hold office for the remainder of the term of office of the member whose membership is vacant.Meetings of Board of Governors and Senate open to public
24.--(1) Subject to subsection 2, the meetings of the Board of Governors and of the Senate, including committee meetings, shall be open to the public and prior notice of such meetings shall be given to the members and to the public in such manner as the Board of Governors and the Senate by by-law shall respectively determine, and no person shall be excluded therefrom except for improper conduct but, where confidential matters of the University are being considered, that part of the meeting may be held in camera.
ExceptionExamination of by-laws
24.--(2) Where matters of a personal nature concerning an individual may be disclosed at a meeting, the part of the meeting concerning such individual shall be held in camera unless such individual requests that such part of the meeting be open to the public.
25.--(1) The by-laws of the Board of Governors and of the Senate shall be open to examination by members of the University community and by the public during normal business hours.Publication of by-laws
25.--(2) The Board of Governors and the Senate shall publish their by-laws from time to time in such manner as they may respectively consider proper.CHANCELLOR
26.--(1) There shall be a Chancellor of the University who shall be appointed by the Board of Governors with the concurrence of the Senate and who shall hold office for four years and is eligible for reappointment for one additional term.Chancellor to be titular head, etc.
26.--(2) The Chancellor is the titular head of the University and, subject to subsection 3 of section 27, shall confer all degrees.Incumbent Chancellor
26.--(3) The incumbent Chancellor of Waterloo Lutheran University, as of the day this Act comes into force, shall continue as the Chancellor of the University and his term of office for the purpose of this section shall be deemed to have commenced on such day.PRESIDENT
27.--1 There shall be a President of the University who shall be appointed by the Board of Governors in such manner and for such term as the Board of Governors shall determine following advice thereon from the Senate. Powers of President
|
|
27.--(2) The President is the chief executive officer of the University and has supervision over and direction of the academic work and general administration of the University, the members of faculty, officers, employees and students thereof, and such other powers and duties as from time to time may be conferred upon or assigned to him by the Board of Governors. |
To confer degrees in absence of Chancellor
|
|
27.--(3) In the absence of the Chancellor, or where there is a vacancy in the office, the President shall confer degrees, but if he is absent or unable to act, degrees shall be conferred by such person as the Board of Governors may designate. |
Vice-Presidents and other officers
27.--(4) The Board of Governors shall, following advice from the Senate, appoint a Vice-President: Academic and may appoint one or more additional Vice-Presidents and other officers who shall have such powers and duties as may be conferred on them by the Board on the recommendation of the President.FEDERATION AND AFFILIATION of the University
28.--(1) The Board of Governors may enter into agreements for the federation or affiliation of the University with another university or institution of higher learning.Federation or affiliation with the University
28.--(2) The Board of Governors, with the concurrence of the Senate, may enter into agreements for the federation or affiliation of a college with the University.Approval of federation or affiliation
28.--(3) A federated or affiliated college shall not become either federated or affiliated with any other university, college or institution of higher learning without the approval of the Board of Governors.Waterloo Lutheran Seminary
28.--(4) Notwithstanding subsection 2, upon the coming into force of this Act, Waterloo Lutheran Seminary shall become federated with the University upon such terms and conditions as may be agreed by the two corporations.PROPERTY
Power to deal with property R.S.O. 1970, c. 225
29. The University has, in addition to the powers, rights and privileges mentioned in section 26 of The Interpretation Act, power to purchase or otherwise acquire, take or receive, by gift, bequest or devise, and to hold and enjoy without licence in mortmain and without limitation as to the period of holding any estate or property whatsoever, whether real or personal, and to sell, grant, convey, mortgage, lease or otherwise dispose of the same or any part thereof from time to time and as occasion may require, and to acquire other estate or property in addition thereto or in place thereof.Application of statute of limitations
30. All property vested in the University shall, as far as the application thereto of any statute of limitations is concerned, be deemed to have been and to be real property vested in the Crown for the public use of Ontario.Application of property
31. The property and the income, revenues, issues and profits of all property of the university shall be applied solely to achieving the objects and purposes of the University.AUDITORS
Audit of accounts R.S.O. 1970, c. 373
32. The Board of Governors shall appoint one or more auditors licensed under The Public Accountancy Act to audit the accounts and transactions of the Board of Governors at least once a year.ANNUAL REPORTS
Annual reports to Minister
33.--(1) The Board of Governors shall make an annual report including an audited financial statement to the Minister of Colleges and Universities in such form and containing such other information as the Minister may require.Tabling
33.--(2) The Minster shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next ensuing session.Annual report to faculty
33.--(3) The Board of Governors shall make available to the members of faculty, administrative staff and students of the University, an annual report which shall include an annual financial report.GENERAL
Credits and marks recognized
34. Wilfrid Laurier University shall grant to all students, former students and graduates, full recognition for all credits and marks awarded by Waterloo Lutheran University before this Act came into force.First election and appointment of Board of Governors and Senate
35.--(1) Notwithstanding anything in this Act, for the purpose of permitting the appointment or election, as the case may be, prior to the 1st day of November, 1973, of the members of the first Board of Governors and the first Senate to be established and constituted under the provisions of this Act, the Board of Governors of Waterloo Lutheran University and the Senate of Waterloo Lutheran University are hereby respectively authorized and empowered forthwith after this Act receives Royal Assent to act in the place and stead of the first Board of Governors and the first Senate to be established and constituted under the provisions of this Act to do all things necessary as expressed in or implied by or contemplated by or required by reason of this Act to form and constitute the first such Board of Governors and Senate, and without restricting the generality of the foregoing, the Board of Governors of Waterloo Lutheran University are hereby respectively authorized and empowered to pass such by-laws, make such findings, establish such election procedures, arrange for the carrying out of such elections and to hold and carry out such elections as may be necessary for the formation and constitution of the first Board of Governors and Senate.First meeting
35.--(2) The Board of Governors of Waterloo Lutheran University and the Senate of Waterloo Lutheran University are respectively hereby authorized and empowered to arrange for and call, after completion of the appointment and election of the members of the first Board of Governors and first Senate to be established and constituted under this Act, the first meeting of the Board of Governors and the first meeting of the Senate, such meeting to be held on or after 1st day of November 1973, the members of the said Board of Governors and the members of the said Senate to be given such notice of the said meetings as shall be deemed reasonable.By-laws, orders, regulations continued
36.--(1) The by-laws, orders and regulations made under the authority of any Act by Waterloo Lutheran University shall, in so far as they are not inconsistent with this Part and are capable of being applied, implemented or complied with in the administration of Wilfrid Laurier University be deemed to have been enacted or made under this Part and shall remain in force and effect until re-enacted, amended or repealed under this Part.Transfer of employment contracts
36.--(2) On and after the 1st day of November, 1973, the employment contracts, including employee benefits, of every employee of Waterloo Lutheran University, except the employment contracts of employees who are offered employment by, and accept employment with, Waterloo Lutheran Seminary, are obligations in accordance with the terms thereof of Wilfrid Laurier University and all appointments and tenure held by such employees of Waterloo Lutheran University shall be deemed to have been granted by Wilfrid Laurier University.Pension Plans
|
|
36.--(3) Wilfrid Laurier University shall institute a pension plan or plans for its employees that are equivalent to that provided as of the 31st day of October, 1973, by Waterloo Lutheran University and shall thereby make full provision for all matters necessary to ensure that no such employee shall receive any less benefit than that to which he would have been entitled had the transfer of his employment contract not taken place. |
Commencement
37. This Act comes into force on the 1st day of November, 1973.Short title
38. This Act may be cited as The Wilfrid Laurier University Act, 1973.
