The Canadian Mennonite University Act

The Canadian Mennonite University Act, C.C.S.M. c. C10 (Assented to June 29, 1998) bilingual version (HTML) Table of Contents Section 1 Definitions CONTINUATION OF CORPORATION, OBJECTS AND POWERS 2 Mennonite College Federation continued as Canadian Mennonite University 3 Purposes and objects 4 General powers 5 Approval not required for new programs 6 Right to formulate academic policy 7-8 Repealed CANADIAN MENNONITE UNIVERSITY COUNCIL 8.1 Canadian Mennonite University Council 8.2 Role of the council BOARD OF GOVERNORS 9 Board of governors 10 Powers of board 11 Appeals SENATE 12 Composition of senate 13 Powers of the senate 14 Repealed GENERAL PROVISIONS 15 Application of Corporations Act 16 Protection from liability 16.1 Bequests — former federated colleges 17-20 Consequential amendments C.C.S.M. REFERENCE AND COMING INTO FORCE 21 C.C.S.M. reference 22 Coming into force WHEREAS Canadian Mennonite Bible College, Concord College and Menno Simons College were Christian colleges firmly rooted in the Anabaptist Mennonite tradition, accountable to the Mennonite church, and serving the Mennonite community and others with a variety of educational resources and programs of study in religion, music and the arts at a post-secondary level; AND WHEREAS a Mennonite university-level educational institution had been established by statute as a federation of the three colleges; AND WHEREAS the three colleges have since combined their resources and efforts to operate the institution under the name "Canadian Mennonite University" and no longer make independent contributions to the institution; S.M. 2022, c. 22, s. 3 . NOW THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS Definitions 1 In this Act, "board" means the board of governors of the corporation; (« conseil d'administration ») "by-law" means a by-law of the corporation made under this Act; (« règlement administratif ») "corporation" means the corporation continued under section 2; (« corporation ») "council" means the Canadian Mennonite University Council continued under section 8.1; (« conseil universitaire ») "senate" means the senate of the corporation. (« Sénat ») S.M. 2022, c. 22, s. 4 . CONTINUATION OF CORPORATION, OBJECTS AND POWERS Mennonite College Federation continued as Canadian Mennonite University 2(1) Mennonite College Federation, as established under The Mennonite College Federation Act , S.M. 1998, c. 49, and renamed "Canadian Mennonite University" by by-law, is continued as a corporation without share capital. Members of the corporation 2(1.1) The members of the corporation are the members of the council. 2(2) [Repealed] S.M. 2022, c. 22, s. 6 . Change of name 2(3) The name of the corporation may be changed by by-law and any new name of the corporation may include the word "university". S.M. 2022, c. 22, s. 6 . Purposes and objects 3 The purposes and objects of the corporation are (a) to establish and maintain such faculties, schools, departments, chairs, lectureships, fellowships, institutes and programs of study as are approved by the board; (b) to give university-level instruction and training in all branches of knowledge and learning; (c) to further the intellectual, spiritual, moral, physical and social development of, and a community spirit among, its students, graduates and staff for the betterment of society, consistent with a Christian perspective rooted in the Anabaptist Mennonite tradition; (d) to grant degrees, including honorary degrees, diplomas and certificates of proficiency; (e) to provide facilities for research in every branch of knowledge and learning and to conduct and carry on such research; and (f) generally to promote and carry on the work of an educational institution providing a university-level education. General powers 4(1) The corporation has the capacity, rights and powers of a natural person for carrying out its purposes and objects. 4(2) [Repealed] S.M. 2022, c. 22, s. 7 . S.M. 2022, c. 22, s. 7 . Approval not required for new programs 5 The corporation may implement a new program or course of study without the approval of the minister responsible for the administration of The Advanced Education Administration Act if the program or course of study (a) is one for which credits are given only for a degree or diploma in theology; or (b) does not result in a request for additional funding from the government. S.M. 2014, c. 29, Sch. B ., s. 3(6). Religious and moral content 6 The corporation has the exclusive right to determine the religious and moral content of its programs and courses of study. 7 and 8 [Repealed] S.M. 2022, c. 22, s. 8 . CANADIAN MENNONITE UNIVERSITY COUNCIL Canadian Mennonite University Council 8.1(1) The Canadian Mennonite University Council, as established by by-law, is continued as the council of the corporation. Composition of the council 8.1(2) The council is to consist of at least 20 but not more than 50 members who are nominated and appointed or elected in accordance with the by-laws. S.M. 2022, c. 22, s. 9 . Role of the council 8.2(1) The council is to promote and advance the corporation's mission and vision and, in doing so, is to consult with the corporation's stakeholders and surrounding communities. Duties of the council 8.2(2) The council is responsible for the following: (a) electing, in accordance with the by-laws, the members of the board who are to be elected; (b) considering and responding to by-laws submitted to it by the board in accordance with subsection 10(4); (c) at its annual general meeting (i) receiving from the board and reviewing the annual report and the audited financial statements of the corporation, and (ii) appointing an auditor for the corporation for the current year. S.M. 2022, c. 22, s. 9 . BOARD OF GOVERNORS Board of governors 9(1) The board of governors is hereby continued as the governing body of the corporation. Composition of the board 9(2) The board is to consist of a maximum of 16 board members who are appointed or elected in accordance with the by-laws. S.M. 2022, c. 22, s. 10 . Powers of board 10(1) The board may exercise in the name of, and on behalf of, the corporation any or all of the powers, authorities and privileges conferred by this or any other Act on the corporation as a body corporate and, without limiting the generality of the foregoing, the board may (a) make by-laws respecting the undertakings and affairs of the corporation, including by-laws (i) establishing one or more standing committees, (ii) respecting the council, the board and any committees established by the board, including their membership and their meetings; (a.1) appoint the president of the corporation and determine the president's term of office and remuneration; (b) appoint the other officers and engage academic and other staff as required, determine their duties and conditions of appointment or employment and set their remuneration; (b.1) determine the administrative and academic organization of the corporation; (c) fix and determine all fees and charges to be paid to the corporation; (d) exercise disciplinary jurisdiction over the students of the corporation, with power to suspend or expel for cause; (e) determine and provide for the establishment or abolition of, or any changes in, faculties, schools, departments, chairs, lectureships, fellowships, institutes, programs of study, bursaries, scholarships or prizes; (e.1) enter into agreements or arrangements to further the purposes and objects of the corporation, including (i) an arrangement with a governmental authority in Canada with respect to giving assistance to a college or university outside Canada by supplying academic staff, supervising staff, or otherwise, (ii) an affiliation or association with any college or university or group of colleges or universities established for the promotion of any branch or branches of knowledge or learning, (iii) an agreement or arrangement with any incorporated society or association for the establishment and maintenance of a joint system of instruction, and (iv) an agreement with any incorporated society or association in the province that has power to set examinations for admission to, or registration with, the society or association concerning conducting examinations, setting courses of study and providing instruction; (f) in addition to any standing committee established by by-law, appoint committees as it considers appropriate; (g) establish pension and other plans, either contributory or non-contributory, to provide retirement and other benefits for employees of the corporation or of its member colleges; and (h) determine all matters of policy affecting the corporation or its programs except those matters specifically assigned to the senate by this Act or by by-law. Delegation to committee 10(1.1) The board may delegate any of its powers or duties, except the power to make by-laws, to a committee of the board. 10(2) [Repealed] S.M. 2022, c. 22, s. 11 . Action of board 10(3) The board may act by by-law or by resolution. For the purpose of this section, a resolution to amend or repeal a by-law is deemed to be a by-law. Council consideration of by-laws 10(4) The board must submit a by-law to the council at the next meeting of the council, and the council may confirm, reject or amend the by-law. Effective date of by-laws 10(5) Subject to subsections (7) and (8), a by-law is effective from the date it is made by the board. If it is confirmed or confirmed as amended by the council, it continues in effect in the form in which it was confirmed. By-law ceases to have effect 10(6) A by-law ceases to have effect if it is not submitted by the board to the council as required under subsection (4) or if it is rejected by the council. Subsequent by-law 10(7) If a by-law ceases to have effect, a subsequent by-law that has substantially the same purpose or effect is not effective until it is confirmed or confirmed as amended by the council. Certain by-laws not effective until confirmed 10(8) A by-law concerning the following has no effect until it is confirmed or confirmed as amended by the council: (a) the number of members of the council and of the board, and their qualifications, remuneration and terms of office; (b) the procedures for the election, appointment, retirement or removal of a council or board member and for the filling of a vacancy arising before the expiry of a member's term of office; (c) the procedures for or relating to meetings of the council and of the board, including quorum and voting requirements; (d) the membership of the senate and the qualifications, remuneration and term of office of members of the senate; (e) the procedures for the election, appointment, retirement or removal of members of the senate, and for the filling of a vacancy arising before the expiry of a senate member's term of office; (f) a quorum for the transaction of business by the senate and procedures for or relating to meetings of the senate; (g) the manner in which a by-law made under this subsection or any provision of such a by-law may be amended or repealed. Application 10(9) A by-law respecting the membership of the council may be general or specific. S.M. 2022, c. 22, s. 11 . Appeals 11(1) The board may, on the application of any interested party, hear an appeal from a decision of an officer or body appointed, elected or established by the corporation. Exception 11(2) Subsection (1) does not permit the board to hear an appeal from a decision of the senate relating to a matter specifically assigned to the senate by this Act. SENATE Composition of senate 12(1) The corporation shall have a senate which shall consist of those individuals who from time to time are elected or appointed in accordance with the by-laws. Qualifications, term of office 12(2) The qualifications and term of office of members of the senate shall be as provided for by the by-laws. S.M. 2022, c. 22, s. 12 . Senate responsible for academic policy 13(1) The senate shall be responsible for the academic policy of the corporation. Powers of the senate 13(2) Without limiting the generality of subsection (1), the senate may (a) subject to the by-laws, establish a quorum and other rules and procedures for the conduct of its proceedings; (b) within the faculties, schools, chairs, departments, lectureships, fellowships, institutes and programs of study established by the board, determine all courses of study and the requirements for admission, examination and graduation; (c) determine the degrees, including honorary degrees, diplomas and certificates of proficiency to be granted by the corporation, and the persons to whom they are to be granted; (d) determine academic eligibility requirements for, and award, bursaries, scholarships, medals and prizes; (e) hear and determine appeals by students considering their academic standing; (f) consider and make recommendations to the board concerning (i) changes in the composition of faculties, schools, departments, chairs, lectureships, fellowships, institutes and programs of study, (ii) major changes to the academic and research programs of the corporation in light of available financial resources, (iii) affiliations with other academic institutions, or (iv) any other academic matter the senate considers appropriate; (g) carry out any responsibilities assigned to it by the board; (h) appoint any standing or other committees it considers necessary and delegate to any such committee any of its powers and duties; and (i) exercise any other powers of an academic nature delegated by by-law to the senate. S.M. 2022, c. 22, s. 13 . 14 [Repealed] S.M. 2022, c. 22, s. 14 . GENERAL PROVISIONS Application of Corporations Act 15 The provisions of The Corporations Act do not apply to the corporation. Protection from personal liability 16(1) No action or other proceeding for damages shall be instituted against a member of the board or the senate for any act done in good faith in the execution or intended execution of his or her duties as a member of the board or the senate or for any neglect or default in the execution, in good faith, of those duties. No liability re actions of students 16(2) No action or other proceeding for damages shall be instituted against the corporation, the board, the senate or any member of the board or senate or any officer or employee of the corporation for any act or omission of any of them with respect to any activity of a student of the corporation, or by reason of any act or omission of a student. No liability of members 16(3) No member of the corporation shall be jointly or severally liable or accountable for the debts, contracts, acts or omissions of the corporation. Bequests — former federated colleges 16.1 Wherever any of the following entities is named as a beneficiary in a will, codicil, trust indenture, instrument or gift or other document, regardless of when it was made or became effective, the reference to the entity is to be read as a reference to the corporation: (a) Canadian Mennonite Bible College; (b) Concord College; (c) Menno Simons College. S.M. 2022, c. 22, s. 15 . 17 to 20 NOTE: These sections contained consequential amendments to other Acts, which amendments are now included in those Acts. C.C.S.M. REFERENCE AND COMING INTO FORCE C.C.S.M. reference 21 This Act may be referred to as chapter C10 of the Continuing Consolidation of the Statutes of Manitoba . S.M. 2022, c. 22, s. 16 . Coming into force 22 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1998, c. 49 came into force by proclamation on September 1, 1998.