Algoma University Act, 2008, S.O. 2008, c. 13

• Jurisdiction: Ontario

Algoma University Act, 2008

S.o. 2008, chapter 13

Consolidation Period: From December 4, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 20, Sched. 2.

CONTENTS

Part I
Definitions

Definitions

1 In this Act,

“Algoma University College” means the college incorporated as a non-share corporation, under the name Algoma College Association, by Letters Patent dated October 23, 1964 and amended by supplementary Letters Patent dated August 30, 1976 and November 2, 1990; (“Algoma University College”)

“board” means the board of governors of the University; (“conseil”)

“property” includes real and personal property; (“biens”)

“senate” means the senate of the University; (“sénat”)

“teaching staff” means professors, associate professors, assistant professors, lecturers, associates, instructors, tutors and all others employed to do the work of teaching or giving instruction and includes persons employed to do research at the University; (“corps professoral”)

“University” means Algoma University established under section 2. (“Université”) 2008, c. 13, s. 1.

Part II
Establishment

University established

2 (1) A university to be known as Algoma University in English and Université Algoma in French is hereby established. 2008, c. 13, s. 2 (1).

Corporation without share capital

(2) The University is a corporation without share capital and shall consist of the members of its board. 2008, c. 13, s. 2 (2).

Conflicts

(3) In the event of a conflict between a provision of this Act and a provision of the Not-for-Profit Corporations Act, 2010, the provision of this Act prevails. 2008, c. 13, s. 2 (3); 2017, c. 20, Sched. 8, s. 64.

Section Amendments with date in force (d/m/y)

2017, c. 20, Sched. 8, s. 64 - 19/10/2021

Objects

3 The objects of the University are the pursuit of learning through scholarship, teaching and research within a spirit of free enquiry and expression. 2008, c. 13, s. 3.

Special mission

4 It is the special mission of the University to,

(a) be a teaching-oriented university that provides programs in liberal arts and sciences and professional programs, primarily at the undergraduate level, with a particular focus on the needs of northern Ontario; and

(b) cultivate cross-cultural learning between aboriginal communities and other communities, in keeping with the history of Algoma University College and its geographic site. 2008, c. 13, s. 4.

Powers

5 The University has all the powers necessary and incidental to its objects. 2008, c. 13, s. 5.

Degrees, etc.

6 The University may confer degrees, including honorary degrees, and award certificates and diplomas in any and all branches of learning. 2019, c. 14, Sched. 5, s. 1 (2).

Section Amendments with date in force (d/m/y)

2008, c. 13, s. 38 (1, 2) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2018

2019, c. 14, Sched. 5, s. 1 (1, 2) - 21/05/2021

Affiliation

7 The University may affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine. 2008, c. 13, s. 7.

Part III
Board of Governors

Board of governors composition

8 (1) There shall be a board of governors of the University, consisting of not less than 12 and not more than 30 members, as follows:

1. The president of the University, who shall be a member by virtue of office.

2. The chancellor of the University, if one is appointed, who shall be a member by virtue of office.

3. Three members appointed by the Lieutenant Governor in Council who shall not be a student, a member of the teaching staff nor a non-teaching employee of the University.

4. One person elected by the teaching staff from among themselves.

5. One student elected by the students of the University from among themselves.

6. One person elected by the non-teaching employees of the University from among themselves.

7. Such other persons as may be set out in the by-laws of the board who shall be appointed by the board, subject to subsection (3). 2008, c. 13, s. 8 (1).

By-laws respecting elections

(2) The board shall by by-law determine,

(a) the procedures to be followed in the election of members described in paragraphs 4 to 6 of subsection (1);

(b) the eligibility requirements for the election or appointment, as the case may be, to the board of members described in paragraphs 4, 5, 6 and 7 of subsection (1); and

(c) the number of persons to be appointed under paragraph 7 of subsection (1). 2008, c. 13, s. 8 (2).

Limitation on board composition

(3) At least 60 per cent of the members of the board shall be persons other than members of the teaching staff, non-teaching employees or students of the University. 2008, c. 13, s. 8 (3).

Term of office

9 (1) Subject to subsection (2), the term of office for an elected or appointed member of the board shall be not more than three years, as determined by the by-laws of the board. 2008, c. 13, s. 9 (1).

Same, student

(2) The term of office for a member of the board who is a student shall be one year. 2008, c. 13, s. 9 (2).

Loss of eligibility

10 (1) If, during his or her term of office, a member of the board elected or appointed under paragraph 3, 4, 5, 6 or 7 of subsection 8 (1) ceases to be eligible for election or appointment to the board under the same paragraph, he or she thereby ceases to be a member of the board. 2008, c. 13, s. 10 (1).

Exception, student graduation

(2) Despite subsection (1), if a student member of the board graduates during his term of office, he or she may continue to sit as a member of the board for the remainder of his or her one-year term. 2008, c. 13, s. 10 (2).

Renewal of term

11 (1) A member of the board is eligible for reappointment or re-election. 2008, c. 13, s. 11 (1).

Limitation

(2) A person elected or appointed to the board under subsection 8 (1) may not be a member of the board for more than six consecutive years, but is eligible for reappointment or re-election after one year’s absence from the board. 2008, c. 13, s. 11 (2).

Exception, chair

(3) The board may determine by board resolution that the six-year limit set out in subsection (2) does not apply to a member who is serving as chair of the board, and the member shall immediately be eligible for reappointment or re-election to another term of office, provided that the member continues to serve as chair. 2023, c. 20, Sched. 2, s. 1.

Same

(4) A member who continues to serve as chair pursuant to subsection (3) may not be a member of the board for more than eight consecutive years and subsequently is not eligible for reappointment or re-election to the board. 2023, c. 20, Sched. 2, s. 1.

Section Amendments with date in force (d/m/y)

2023, c. 20, Sched. 2, s. 1 – 04/12/2023

Vacancies

12 (1) A vacancy on the board occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the board before the end of his or her term;

(b) a member is incapable of continuing to act as a member and the board by resolution declares the membership to be vacated; or

(c) the board by resolution declares a membership to be vacated for failure to attend sufficient meetings, as provided in the by-laws of the board. 2008, c. 13, s. 12 (1).

Same

(2) If a vacancy occurs on the board, the board shall,

(a) determine, in accordance with its by-laws, whether or not to fill the vacancy; and

(b) if the vacancy is to be filled,

(i) fill the vacancy within such time period as may be specified in its by-laws, and

(ii) appoint or elect the new member in accordance with the same procedures as applied to the appointment or election of the member being replaced. 2008, c. 13, s. 12 (2).

Completion of term

(3) The person who fills a vacancy under subsection (2) shall hold office for the remainder of the term of the member he or she is replacing. 2008, c. 13, s. 12 (3).

Renewal of term

(4) Despite subsection 11 (2), a person elected or appointed to the board under subsection (2) may be reappointed or re-elected upon the expiry of the term that he or she was elected or appointed to complete, but is eligible for further reappointment or re-election only after one year’s absence from the board. 2008, c. 13, s. 12 (4).

Quorum

13 A quorum of the board consists of a majority of its members and that majority must include at least half of the members who are not students, teaching staff or non-teaching employees of the University. 2008, c. 13, s. 13.

Chair, vice-chair

14 (1) The board shall elect annually a chair and at least one vice-chair from among its members who are not students, teaching staff or non-teaching employees of the University and shall fill any vacancy in the office of chair or vice-chair from among such members. 2008, c. 13, s. 14 (1).

Duties

(2) The chair shall preside over the meetings of the board and if the chair is unable to act or if the position is vacant, a vice-chair shall act in his or her place and, if both the chair and vice-chair are unable to act, the board may appoint a member who is not a student, teaching staff or non-teaching employee of the University to act temporarily in their place. 2008, c. 13, s. 14 (2).

Standard of conduct

15 Every member of the board shall exercise the powers and carry out the duties of his or her office diligently, honestly, in good faith, in the best interests of the University and in accordance with any other criteria set out in the by-laws of the board. 2008, c. 13, s. 15.

Conflict of interest

16 (1) A member of the board or of a committee created by the board who has a conflict of interest, as defined in the board’s by-laws or in any conflict of interest policies that the board may adopt, as the case may be, with a matter in which the University is concerned shall,

(a) declare his or her interest as soon as possible and no later than at the first meeting at which...