Athabasca University Regulation

(Consolidated up to 155/2022) ALBERTA REGULATION 50/2004 Post‑secondary Learning Act ATHABASCA UNIVERSITY REGULATION Table of Contents 1 Definitions The Governors of Athabasca University 2 Board 3 Composition 4 Term of office and vacancy 5 Termination 6 Powers and duties 6.1 Location 7 Degree granting ceremonies 8 Sections not applicable The Athabasca University General Faculties Council 9 General faculties council 10 Composition 13 Powers and duties Repeal, Expiry and Coming into Force 15 Repeal 17 Coming into force Definitions 1 In this Regulation, (a) repealed AR 163/2011 s2; (b) “Act” means the Post‑secondary Learning Act ; (c) “Athabasca University” means the university by that name established under section 3 of the Act or under the corresponding provision of a predecessor to the Act; (d) “board” means The Governors of Athabasca University; (e) “student” means a person enrolled at Athabasca University; (f) “tutor” means a part‑time employee of the board who provides tutorial services to students. AR 50/2004 s1;163/2011 The Governors of Athabasca University Board 2 The corporation formerly named “The Athabasca University Governing Council” is continued as the board of Athabasca University under the name “The Governors of Athabasca University”. AR 50/2004 s2;163/2011 Composition 3 (1) The board consists of the following members: (a) a person appointed by the Lieutenant Governor in Council as chair of the board; (b) the president of Athabasca University; (c) the following members appointed by the Minister: (i) 2 members of the academic staff of Athabasca University, one nominated by the general faculties council and one nominated by the academic staff association; (ii) one member of the non‑academic staff of Athabasca University nominated by the non‑academic staff; (iii) one tutor nominated by the organization representing tutors; (iv) 2 students nominated by the council of the students association; (v) one graduate student nominated by the council of the graduate students association; (d) not more than 8 members representative of the general public appointed by the Lieutenant Governor in Council; (e) additional persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister. (2) In addition to the members of the board referred to in subsection (1), (a) the Minister may appoint as a member of the board one person who is an alumnus of Athabasca University and who is named in a resolution of the board requesting the appointment; (b) the Lieutenant Governor in Council may appoint up to 2 members representative of the general public if requested to do so by a resolution of the board; (c) the Lieutenant Governor in Council may, on the recommendation of the Minister, appoint 2 or more members who are residents of the Town of Athabasca or Athabasca County. (3) Notwithstanding subsection (1), a person who is a member of the board at the time this Regulation comes into force continues to hold office until the member’s term expires and may be reappointed in accordance with this Regulation. AR 50/2004 s3;225/2010;163/2011;225/2018;155/2022 Term of office and vacancy 4 (1) A person appointed as a member of the board under section 3(1)(a), (c) or (d) or (2) (a) holds office for a term not exceeding 3 years as set out in the appointment, and (b) continues to hold office after the expiry of the person’s term of office until the person is reappointed, a successor is appointed or a period of 3 months has elapsed, whichever occurs first. (2) A person appointed as a member of the board under section 3(1)(c) or (d) or (2) is eligible to be reappointed for a 2nd or subsequent term if the reappointment would not result in the member serving for a total of more than 6 years. (2.1) A person who has served a total of 6 years as a member of the board is eligible to be reappointed as a member if at least 3 years have elapsed since the person’s last term expired. (3) Notwithstanding subsections (2) and (2.1), but subject to the Alberta Public Agencies Governance Act , and any applicable regulations under that Act, (a) the chair is always eligible for reappointment on the conclusion of the chair’s term of office, and (b) an appointed member of the board is eligible for appointment as chair though the member has, at the time of the member’s appointment, served for a total of 6 years as a member of the board. (4) Where the board advises the Minister that a member appointed under section 3(1)(c) or (2)(a) is for any reason no longer capable of acting as a member or of fulfilling the duties of a member, the Minister may terminate the appointment of the member. (5) Where the board advises the Lieutenant Governor in Council that a member appointed under section 3(1)(a) or (d) or (2)(b) is for any reason no longer capable of acting as a member or of fulfilling the duties of a member, the Lieutenant Governor in Council may terminate the appointment of the member. (6) The Minister or the Lieutenant Governor in Council, as the case may be, may fill a vacancy on the board by appointing a person as a member to serve the balance of the unexpired term of office of the former member. (7) The following periods must be disregarded in determining a number of years for the purposes of subsection (2) or (2.1): (a) any period during which a person continues to hold office under subsection (1)(b); (b) any period during which a member appointed under subsection (6) serves the balance of an unexpired term. AR 50/2004 s4;163/2011;225/2018;245/2021 Termination 5 (1) The term of office of a member of the board terminates when (a) in the case of a person appointed under section 3(1)(c)(iv) or (v), that person ceases to be a student or graduate student, respectively; (b) in the case of a person who is a member of the non‑academic staff, that person ceases to be a member of the non‑academic staff; (c) in the case of a person who is a member of the academic staff, that person ceases to be a member of the academic staff; (d) in the case of a person who is a tutor, that person ceases to be a member of the tutorial staff. (2) If a person resigns from membership on the board, the person’s appointment as a member of the board terminates on the effective date specified in the resignation or, if no effective date is specified, on the date the board receives the resignation. AR 50/2004 s5;163/2011 Powers and duties 6 The board is empowered to exercise the powers and perform the duties of a board under the Act. AR 50/2004 s6;163/2011 Location 6.1 The exercise by the board of any right, power or privilege of a board is subject to the condition that the Town of Athabasca is established and maintained as the primary location of Athabasca University. AR 155/2022 s3 Degree granting ceremonies 7 The chair of the board shall preside over all degree‑granting ceremonies of Athabasca University and shall confer all honorary degrees. AR 50/2004 s7;163/2011 Sections not applicable 8 Except as provided for in sections 6 and 7 of this Regulation, sections 6 to 15, 16(3), 23, 56 and 57 of the Act do not apply to Athabasca University. AR 50/2004 s8;163/2011 The Athabasca University General Faculties Council General faculties council 9 A body with the name “The Athabasca University General Faculties Council” is established pursuant to section 34 of the Act. AR 50/2004 s9;163/2011 Composition 10 (1) The general faculties council consists of the following members: (a) the president of Athabasca University, who is the chair; (b) the vice‑presidents of Athabasca University; (c) the dean of each faculty; (d) the director of each school; (e) the chief librarian; (f) the director of extension or, if there is none, the officer performing comparable functions; (g) the registrar; (h) the members elected in accordance with section 24 of the Act; (i) 2 students appointed by the council of the students association; (j) one graduate student appointed by the council of the graduate students association; (k) one tutor appointed by the organization representing tutors; (l) 2 members, each appointed by the non‑academic staff; (m) the members appointed in accordance with section 25 of the Act. (2) A person who is serving in a position substantially similar to a position referred to in subsection (1)(i) to (l) on the coming into force of this section continues to hold office as a member of the general faculties council until the member’s term expires and may be reappointed in accordance with the Act. AR 50/2004 s10;225/2010;163/2011;225/2018 11 and 12 Repealed AR 163/2011 s14. Powers and duties 13 The general faculties council is empowered to exercise the powers and perform the duties of a general faculties council under the Act. AR 50/2004 s13;225/2010;163/2011 14 Repealed AR 163/2011 s16. Repeal, Expiry and Coming into Force Repeal 15 The Athabasca University Regulation (Order in Council No. 434/78) is repealed. 16 Repealed AR 225/2018 s5. Coming into force 17 This Regulation comes into force on the date on which section 124 of the Act comes into force.