Part 1 — Interpretation
1. In this Act
"alumni association" means the association of graduates of a university, membership in which is open to all graduates of the university;
"board" means the Board of Governors of a university;
"chancellor" means the chancellor of a university;
"convocation" means the convocation of a university;
"director of continuing education" means the officer of a university whose duty it is to direct the university's continuing education program;
"faculty" means an academic administrative division of a university constituted by the board as a faculty under section 38, or the dean and faculty members of a faculty, as the context requires;
"faculty member" means a person employed on a full time basis by a university who has, for 4 months or longer, served as an instructor, lecturer, assistant professor, associate professor, professor, or in an equivalent position designated by the senate;
"former Act" means the Universities Act, S.B.C. 1963, c. 52;
"president" means the president of a university;
"registrar" means the registrar of a university;
"senate" means the senate of a university;
"student" means a person who is presently enrolled at a university in a credit course or who is designated by resolution of the senate as a student;
"student association" means all students who are members of the alma mater society or the graduate student society of a university;
"university" means each of the universities named in section 3.
Historical Note(s): 1974-100-1; 1977-76-38; 1987-48-1.
Part 2 — Visitor
2. [Repealed 1993-36-4.]
Part 3 — University Structure
3. (1) The following corporations continue to be universities in the Province:
(a) The University of British Columbia;
(b) University of Victoria;
(c) Simon Fraser University.
(2) Each university shall be composed of a chancellor, a convocation, a board, a senate and faculties.
(3) Each university continues as a corporation, having the rights, powers, duties and liabilities set out in this Act.
(4) Service in office under the former Act does not render a person ineligible for appointment or election to a full term of office under this Act.
(5) Notwithstanding this or any other Act, the University of British Columbia may lease portions of land described in a grant made on or about December 4, 1924, under section 5 (a) of the British Columbia University Site Act, 1918, S.B.C. 1918, c. 94, for a term not exceeding 999 years to any incorporated theological college affiliated with The University of British Columbia, subject to the following provisions:
(a) no lease shall be made under this subsection except with the prior approval of the Lieutenant Governor in Council;
(b) the rental reserved by the lease may be less than fair rental for the land leased, or may be a nominal rental;
(c) every lease made under this subsection shall contain provisions, satisfactory to the Lieutenant Governor in Council, for re-entry and taking possession by The University of British Columbia of the land leased and all buildings on it, if the land or any part of it ceases to be occupied and used by the incorporated theological college to which the land is leased, or if the land or any part of it is occupied or used for a purpose other than college purposes.
(6) The president, chancellor and all other officers and employees employed by a university under the former Act who are so employed on July 4, 1974, shall continue as president, chancellor or other officer or employee, as the case may be, with respect to that university until their term of office or employment terminates under this Act.
(7) Unless inconsistent with this Act, or rules, regulations and bylaws made under this Act, the rules, regulations and bylaws of any body established or continued under the former Act in force immediately prior to July 4, 1974 continue in force until amended or repealed by the same or a similar body under this Act.
(8) A lease made or continued under the former Act in force immediately prior to July 4, 1974, remains in force until terminated under its terms or by law.
(9) All donations, devises or bequests to, or for the benefit of, a university, whether made before or after the commencement of this Act, not made to named trustees, shall continue to vest in the corporations and in the manner provided under the former Act.
(10) Except as provided in this Act, the Company Act does not apply to a university, but the Lieutenant Governor in Council may, by order, direct that the Company Act or any provision of it applies to a university and that provision then applies to the university.
(11) Each university shall have in its own right and name the power to grant degrees established in accordance with this Act.
Historical Note(s): 1974-100-4.
Part 4 — Convocation
4. The convocation of each university is continued.
Historical Note(s): 1974-100-5.
5. (1) The convocation of a university shall be composed of
(a) the chancellor, who shall be chairman;
(b) the president;
(c) the members of the senate;
(d) all faculty members;
(e) all persons who are graduates of the university;
(f) all persons whose names are added to the roll of the convocation by the senate; and
(g) all persons not previously referred to in this section who are named on the roll of the convocation of that university immediately prior to July 4, 1974.
(2) Twenty members of a convocation constitute a quorum for the transaction of business.
Historical Note(s): 1974-100-6; 1983-10-23, effective October 26, 1983 (B.C. Reg. 393/83).
6. A meeting of a convocation may be held for the purpose of electing the chancellor, conferring degrees, including honorary degrees, awarding diplomas and certificates of proficiency granted by the university and for additional purposes the senate may specify.
Historical Note(s): 1974-100-7; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
7. The roll of the convocation shall be established and kept up to date by the registrar.
Historical Note(s): 1974-100-8.
8. The convocation may fix a fee to be paid by its members to defray the necessary expenses of convocation.
Historical Note(s): 1974-100-9.
9. (1) The senate shall make rules governing procedure for the transaction of business by the convocation.
(2) The senate may add names to the roll of the convocation under section 5.
Historical Note(s): 1974-100-10; 1983-10-23, effective October 26, 1983 (B.C. Reg. 393/83).
10. The registrar shall be the secretary of the convocation.
Historical Note(s): 1974-100-11.
Part 5 — Chancellor
11. (1) There shall continue to be a chancellor of each university, who shall be elected by the members of the convocation and who shall hold office for 3 years and until his successor is elected.
(2) A retiring chancellor is eligible for re-election; but no person shall hold the office of chancellor for more than 6 consecutive years in addition to the period of office held by him as a result of having been elected for the unexpired term of his predecessor.
(3) The chancellor shall not be employed by a university.
Historical Note(s): 1974-100-12.
12. (1) In the case of a vacancy in the office of chancellor by death, resignation or any other cause before the expiration of his term of office, the vacancy shall immediately be filled at a special election to be held for that purpose, and the person elected shall hold office for the unexpired term of his predecessor.
(2) Every special election shall be conducted in the manner provided for the ordinary triennial election.
Historical Note(s): 1974-100-13.
13. The president of the university shall hold the office of vice chancellor.
Historical Note(s): 1974-100-14.
14. (1) All nominations of candidates for the office of chancellor shall be signed by not less than 7 persons entitled to vote in the election of the chancellor.
(2) All nominations of candidates for membership in the senate shall be signed by not less than 3 persons entitled to vote in the election of the senate.
(3) The registrar shall immediately send a written notice of nomination to each person nominated as a candidate for the office of chancellor and to each person nominated as a candidate for membership in the senate, with a request that the candidate forward to the registrar information respecting his degrees, the dates of them, his occupation, offices held by him at a university or in any other organization, his other professional or business interests and his publications.
Historical Note(s): 1974-100-15.
15. In the event of only one candidate being nominated for chancellor, or only so many candidates being nominated for the senate as are required to be elected, the candidate or candidates shall be declared to have been elected.
Historical Note(s): 1974-100-16.
16. (1) The registrar shall report the results of the election to the senate at its first meeting following the election.
(2) In the event of an equality of votes between 2 or more candidates for an office, the senate shall cast the deciding vote.
Historical Note(s): 1974-100-17.
17. The chancellor shall confer all degrees.
Historical Note(s): 1974-100-18.
Part 6 — Board of Governors
18. There shall continue to be a Board of Governors for each university.
Historical Note(s): 1974-100-19.
19. The board shall be 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 shall be appointed from among persons nominated by the alumni association;
(e) 2 full time students elected from the student association; and
(f) one person elected by and from the full time employees of the university who are not faculty members.
Historical Note(s): 1974-100-20; 1977-76-38.
20. (1) A member of the board, other than the chancellor, president or one elected from the student association, shall hold office for 3 years and after that until his successor is appointed or elected.
(2) Each member of the board elected under section 19 (e) shall hold office for one year and after that until his successor is elected.
(3) The chancellor and president shall be members of the board for so long as the chancellor and president hold their respective offices.
Historical Note(s): 1974-100-21; 1977-76-38.
21. The appointed members of the board are eligible for reappointment and the elected members are eligible for re-election, but those members shall not hold office for more than 6 consecutive years.
Historical Note(s): 1974-100-22.
22. (1) The Lieutenant Governor in Council may, at any time, remove from office an appointed member of the board.
(2) Unless excused by resolution of the board, a member shall be deemed to have vacated his seat if he does not attend at least half of the regular meetings of the board in any year.
Historical Note(s): 1974-100-23.
23. The following persons are not eligible to be or to remain members of the board:
(a) members of the Parliament of Canada;
(b) members of the Executive Council or of the Legislative Assembly;
(c) a person who is not a Canadian citizen or a person lawfully admitted to Canada under the Immigration Act (Canada) for permanent residence;
(d) a member of the public service in the Ministry of Education;
(d.1) a member of the public service designated by the minister;
(e) a person who ordinarily resides outside the Province;
and a member of the board who ceases to be eligible during his term of office shall immediately cease to be a member of the board.
Historical Note(s): 1974-100-24; 1977-75-1; 1980-36-54.
24. Where a vacancy arises on the board by reason of the death of a member or for any other reason before the expiration of the term of office for which a member has been appointed or elected, the secretary of the board shall enter a declaration of the vacancy in the minutes of the board and the declaration is conclusive evidence of the vacancy.
Historical Note(s): 1974-100-25.
25. (1) Where a vacancy exists, in respect of an appointed member, the Lieutenant Governor in Council shall appoint a person to fill the vacancy, and, in respect of an elected member, the appropriate body shall elect a replacement.
(2) The person elected or appointed under subsection (1) shall hold office for the remainder of the term for which his predecessor was elected or appointed.
(3) A vacancy on the board does not impair the authority of the remaining members of the board to act.
Historical Note(s): 1974-100-26.
26. (1) The board shall meet as often as is necessary to transact the business of the board, and in any event not less than once every 3 months.
(2) Eight members of the board constitute a quorum for the transaction of business.
(3) The chairman has the same right of voting as the other members of the board, and, in the case of an equality of votes for and against a motion, the question is resolved in the negative, and the chairman shall so declare.
Historical Note(s): 1974-100-27.
27. The management, administration and control of the property, revenue, business and affairs of the university are vested in the board, and, without limiting the foregoing or the general powers conferred on or vested in the board by this Act, the board has power
(a) to make rules for the meetings of the board and its transactions;
(b) to elect from among its members a chairman, and, when necessary, an acting chairman;
(c) to appoint a secretary and committees it considers necessary to carry out the board's functions, including joint committees with the senate, and to confer on the committees power and authority to act for the board;
(d) in consultation with the senate, to maintain and keep in proper order and condition the real property of the university, to erect and maintain the buildings and structures on it that in the opinion of the board are necessary and advisable, and to make rules respecting the management, government and control of the real property, buildings and structures;
(e) with the approval of the senate, to establish procedures for the recommendation and selection of candidates for president, deans, librarians, registrar and other senior academic administrators as the board may designate;
(f) to appoint the president of the university, deans of all faculties, the librarian, the registrar, the bursar, the professors, associate professors, assistant professors, lecturers, instructors and other members of the teaching staff of the university, and the officers and employees the board considers necessary for the purpose of the university, and to fix their salaries or remuneration, and to define their duties and their tenure of office or employment, which, unless otherwise provided, shall be during the pleasure of the board; but no person shall be appointed a member of the teaching staff of the university or of any faculty of the university unless he is first nominated for the position to which it is proposed to appoint him by the president, and no member of the teaching staff of the university or of any faculty of the university shall be promoted or removed except on the recommendation of the president;
(g) in case of the absence of the president or his inability to act, or in case of a vacancy in that office, to appoint an acting president, who, during the period for which he is appointed, has all the powers, rights and privileges of the president;
(h) to consider recommendations from the senate for the establishment of faculties and departments with suitable teaching staff and courses of instruction;
(i) subject to section 28 and with the approval of the senate, to provide for the establishment of faculties and departments the board considers necessary;
(j) to provide for chairs, institutes, fellowships, scholarships, exhibitions, bursaries and prizes the board and the senate consider advisable;
(k) to receive from the president and analyse and adopt with or without modifications the budgets for operating and capital expenditure for the university;
(l) to fix, determine and collect the fees to be paid for instruction, research and all other activities in the university, and fees for extramural instruction and for public lecturing, library fees, laboratory fees, and for examinations, degrees and certificates, and fees for the use of any student or alumni organization having in charge student or alumni activities, and, without limiting the generality of the foregoing, for the building and operation of a gymnasium or other athletic facilities, and to pay over the fees that may be collected for a student or alumni organization that the organization may request;
(m) to administer funds, grants, fees, endowments and other assets;
(n) to select a seal and arms for the university and have sole custody and use of the seal;
(o) to provide for student loans;
(p) with the approval of the senate, to determine the number of students that may in the opinion of the board, having regard to the resources available, be accommodated in the university or in any faculty of it, and to make rules considered advisable for limiting the admission or accommodation of students to the number so determined;
(q) to enter into agreements or covenants on behalf of the university;
(r) to control vehicle and pedestrian traffic on the university campus;
(s) to acquire and deal with
(i) an invention or any interest in it, or a licence to make, use or sell the product of an invention; and,
(ii) a patent, copyright, trade mark, trade name or other proprietary right or any interest in it;
(t) to require, as a term of employment or assistance, that a person assign to the board an interest in an invention or an interest in a patent, copyright, trade mark, trade name or other proprietary right resulting from an invention
(i) made by that person using the facilities, equipment or financial aid provided by the board; or,
(ii) made by that person while acting within the scope of his duties or employment, or resulting from, or in connection with, his duties or employment as an officer or employee of the university;
(u) to make rules consistent with the powers conferred on the board by this Act; and
(v) to do and perform all other matters and things which may be necessary or advisable for carrying out and advancing the purposes of the university and the performance of any duty by the board or its officers prescribed by this Act.
Historical Note(s): 1974-100-28; 1977-76-38; 1983-10-21,23, effective October 26, 1983 (B.C. Reg. 393/83); 1987-48-2.
28. (1) The board shall not incur any liability or make any expenditure in a fiscal year beyond the amount unexpended of the grant made to the university and the estimated revenue of the university from other sources up to the end of and including that fiscal year, unless an estimate of the increased liability or overexpenditure has been first approved by the minister and Minister of Finance.
(2) Subsection (1) does not apply where a liability is incurred or the expenditure is made under the Educational Institution Capital Finance Act.
Historical Note(s): 1974-100-29; 1979-8-24,25; 1987-48-3.
28.1 (1) If the services of employees of a university are withheld, or the university locks out the employees, as a consequence of a dispute or other disagreement between the university and employees of the university
(a) the total of unexpended amounts of the grant made to the university in the fiscal year is reduced by the value of the benefits, and
(b) the amount of the reduction calculated under paragraph (a) is a debt due and owing to the Crown in right of the Province and must be
(i) paid by the university to the Crown in right of the Province, or,
(ii) withheld by the minister from future grants to the university in the fiscal year or a future fiscal year.
(2) In subsection (1) (a) the "value of the benefits" is the value of the benefits the employees would receive for the period of the withholding or lockout in the fiscal year if the employees had worked, less the costs necessarily incurred by the university as a consequence of the withholding or lockout and approved by the minister.
Historical Note(s): 1993-36-5.
29. [Repealed 1987-48-4.]
30. (1) The board may, by resolution, borrow money required to meet the expenditures of the university until the revenues of the current year are available.
(2) Money borrowed under subsection (1) shall be repaid out of current revenues and may be secured by promissory Notes of the university.
Historical Note(s): 1974-100-31; 1979-8-26.
31. (1) The board shall make an annual report of its transactions to the minister, in which shall be set out a balance sheet and a statement of revenue and expenditure for the year ending on the preceding March 31, and other particulars the minister may require.
(2) A copy of the annual report shall be transmitted promptly to the senate.
Historical Note(s): 1974-100-32; 1987-48-5.
32. The accounts of the board shall be audited at least once a year by the Auditor General or by some person appointed by the Lieutenant Governor in Council for that purpose.
Historical Note(s): 1974-100-33; 1980-35-26, proclaimed effective October 9, 1980.
33. The board may appoint advisory boards, consisting, either wholly or partly, of persons unconnected with the university, on terms and for purposes the board may consider advisable, and may refer to them for advice and report any subject or matter that the board considers advisable, and the advice and report shall be considered and weighed by any body in the university to which the board directs the advice to be given, or report to be made.
Historical Note(s): 1974-100-34.
34. (1) There shall continue to be a senate for each university.
(2) The senate of each university shall be composed of
(a) the chancellor;
(b) the president, who shall be chairman;
(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 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 all the faculty members in the manner that they, in joint meeting, determine;
(h) a number of full time students, equal to the number provided in paragraphs (a) to (f), elected from the student association 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) 4 persons appointed by the Lieutenant Governor in Council;
(k) one member to be elected by the governing body of each affiliated college of the university; and
(l) additional members the senate may determine without altering the ratio set out in paragraphs (g) and (h).
Historical Note(s): 1974-100-35; 1977-76-38.
35. (1) The term of office of a member of the senate, other than one elected under section 34 (2) (h), is 3 years and after that until his successor is appointed or elected.
(2) The term of office of a member of the senate elected under section 34 (2) (h) is one year and after that until his successor is elected.
(3) Members of a senate who remain eligible under section 34 may be reappointed or re-elected in the manner provided under section 34 for further terms.
(4) Where a vacancy arises on the senate, the vacancy shall be filled,
(a) in the case of an appointed member, by the body possessing the power of appointment; or
(b) in the case of an elected member, in the manner specified by the senate.
(5) A person appointed or elected to fill a vacancy shall hold office for the remainder of the term for which his predecessor was appointed or elected.
(6) The secretary of the senate shall enter a declaration of the vacancy in the minutes of the senate, and the declaration is conclusive evidence of the vacancy.
Historical Note(s): 1974-100-36; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
36. The academic governance of the university is vested in the senate and it has power
(a) to regulate the conduct of its meetings and proceedings, including the determination of the quorum necessary for the transaction of its business, and the election of a vice chairman at least annually, who shall chair meetings in the absence of the president; but in no case shall a vice chairman serve more than 2 consecutive terms;
(b) to establish committees it considers necessary and, by 2/3 vote of its members present, to delegate to one or more committees those of its powers as it may determine;
(c) to determine all questions relating to the academic and other qualifications required of applicants for admission as students to the university or to any faculty, and to determine in which faculty the students pursuing a course of study shall register;
(d) to determine the conditions under which candidates shall be received for examination, to appoint examiners and to determine the conduct and results of all examinations;
(e) to establish a standing committee to meet with the president and assist him in the preparation of the university budget;
(f) to consider, approve and recommend to the board the revision of courses of study, instruction and education in all faculties and departments of the university;
(g) to provide for courses of study in any place in the Province and to encourage and develop extension and correspondence programs;
(h) to provide for and to grant degrees, including honorary degrees, diplomas and certificates of proficiency, except in theology;
(i) to recommend to the board the establishment or discontinuance of any faculty, department, course of instruction, chair, fellowship, scholarship, exhibition, bursary or prize;
(j) to award fellowships, scholarships, exhibitions, bursaries and prizes;
(k) to determine the members of the teaching and administrative staffs who shall be members of each faculty;
(l) to make rules for the management and conduct of the library;
(m) to provide for the preparation and publication of a university calendar;
(n) to make recommendations to the board considered advisable for promoting the interests of the university or for carrying out the objects and provisions of this Act;
(o) to deal with all matters reported by the faculties, affecting their respective departments or divisions;
(p) to establish a standing committee to consider and take action on behalf of the senate on all matters that may be referred to the senate by the board;
(q) subject to the approval of the board, to enter into agreements with any corporation or society in the Province entitled under any Act to establish examinations for admission to the corporation or society, for the purpose of conducting examinations and reporting results, and those corporations or societies have power to enter into the agreements; and to make rules respecting the conduct and financing of those examinations and other examinations conducted by the senate by virtue of any other Act, and reporting results; but no part of the cost of the examinations shall be a charge on or be paid out of university funds;
(r) to fix the terms of affiliation with other universities, colleges or other institutions of learning, and to modify or terminate the affiliation;
(s) to establish a standing committee of final appeal for students in matters of academic discipline;
(t) to establish a standing committee on relations with other post secondary institutions in the Province; and
(u) to require any faculty to establish an advisory committee consisting of students of the faculty and members of the community at large.
Historical Note(s): 1974-100-37; 1983-10-21,23, effective October 26, 1983 (B.C. Reg. 393/83); 1987-48-6.
37. A certified copy of every resolution or order of the senate providing for any of the matters or things mentioned in section 36 (i), (o) and (r) shall, within 10 days of its passing, be transmitted to the board, and that resolution or order has no force or effect until approved by the board.
Historical Note(s): 1974-100-38; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
Part 8 — Faculties
38. There shall be the faculties of each university that may be constituted by the board, on the recommendation of the senate, and each dean of a faculty shall be chairman of the faculty of which he is the dean.
Historical Note(s): 1974-100-39.
39. The powers and duties of a faculty are
(a) to make rules governing its proceedings, including the determining of the quorum necessary for the transaction of business;
(b) to provide for student representation in the meetings and proceedings of the faculty;
(c) subject to this Act and to the approval of the senate, to make rules for the government, direction and management of the faculty and its affairs and business;
(d) to determine, subject to the approval of the senate, the courses of instruction in the faculty;
(e) subject to an order of the president to the contrary, to prohibit lecturing and teaching in the faculty by persons other than appointed members of the teaching staff of the faculty and persons authorized by the faculty, and to prevent lecturing or teaching so prohibited;
(f) subject to the approval of senate, to appoint for the examinations in each faculty, examiners, who shall, subject to an appeal to the senate, conduct examinations and determine the results;
(g) to deal with and, subject to an appeal to the senate, to decide on all applications and memorials by students and others in connection with their respective faculties; and
(h) generally, to deal with all matters assigned to it by the board or the senate.
Historical Note(s): 1974-100-40; 1983-10-23, effective October 26, 1983 (B.C. Reg. 393/83).
40. A general rule made by a faculty is not effective or enforceable until a copy has been sent to the senate and the senate has given its approval.
Historical Note(s): 1974-100-41; 1983-10-23, effective October 26, 1983 (B.C. Reg. 393/83).
41. Any of the faculties may advise the president in any matter affecting the interests of the university, whether academic or disciplinary, but that advice does not limit the powers and authority of the president.
Historical Note(s): 1974-100-42.
Part 9 — Nominations, Elections and Voting
42. The senate shall make and publish all rules necessary and not inconsistent with this Act in respect of nominations, elections and voting, and the registrar shall conduct all elections as are required.
Historical Note(s): 1974-100-43.
43. A nomination paper is not valid unless it is delivered at the office of the registrar or, if sent by mail, it is received by him not later than 4 weeks prior to the date of the election.
Historical Note(s): 1974-100-44.
44. (1) The registrar shall, in every year in which an election is to take place, prepare an alphabetical list, to be called the election register, of the names and known addresses of all members of the convocation who are entitled to vote at an election, and the election register shall be open to inspection at all reasonable hours by all members entitled to vote.
(2) The registrar shall similarly keep an alphabetical list of the names of all students who are members of the student association.
Historical Note(s): 1974-100-45.
45. Only those persons whose names appear in the election registers are entitled to vote at an election.
Historical Note(s): 1974-100-46.
Part 10 — Powers and Duties of a University
46. Each university shall, so far as and to the full extent which its resources from time to time permit,
(a) establish and maintain colleges, schools, institutes, faculties, departments, chairs and courses of instruction;
(b) provide instruction in all branches of knowledge;
(c) establish facilities for the pursuit of original research in all branches of knowledge;
(d) establish fellowships, scholarships, exhibitions, bursaries, prizes, rewards and pecuniary and other aids to facilitate or encourage proficiency in the subjects taught in the university and original research in all branches of knowledge;
(e) provide a program of continuing education in all academic and cultural fields throughout the Province; and
(f) generally, promote and carry on the work of a university in all its branches, through the cooperative effort of the board, senate and other constituent parts of the university.
Historical Note(s): 1974-100-47; 1987-48-7.
46.1 (1) The minister shall not interfere in the exercise of powers conferred on a university, its board, senate and other constituent bodies by this Act respecting
(a) the formulation and adoption of academic policies and standards;
(b) the establishment of standards for admission and graduation, and
(c) the selection and appointment of staff.
(2) Notwithstanding subsection (1), a university shall not establish a new degree program without the approval of the minister.
Historical Note(s): 1987-48-8.
46.2 At the request of the minister, a university shall provide the minister with reports and any other information that the minister considers necessary to carry out his responsibilities in relation to universities.
Historical Note(s): 1987-48-8.
47. (1) Each university may acquire, by gift, purchase or any other manner, and hold, for the purposes of a university, property of every nature and kind.
(2) Subject to the approval of the Lieutenant Governor in Council and to the terms of any grant, conveyance, gift or devise of land, a university may
(a) mortgage, sell, transfer, lease for not more than 99 years, or otherwise dispose of its land; and
(b) lease for any term any of its land to a college affiliated with the university.
(3) Subject to the terms of any grant, conveyance, gift or bequest of any personal property, a university may mortgage, sell, transfer, lease or otherwise dispose of its property.
Historical Note(s): 1974-100-48.
48. A university may expropriate any land that it considers necessary for its purposes.
Historical Note(s): 1987-23-119, effective Dec. 24, 1987 (B.C. Reg. 451/87).
49. The rule against perpetuities and other rules restricting the holding of land do not apply to property of a university.
Historical Note(s): 1974-100-50.
50. Land that is vested in a university is not liable to be entered on, used or taken by any municipal or other corporation, or by any person possessing the right of taking land compulsorily for any purpose; and no power to expropriate land hereafter conferred extends to that land, unless in an Act conferring the power it is, in express terms, made to apply to that land.
Historical Note(s): 1974-100-51.
51. Unless otherwise provided in an Act, the property vested in a university is exempt from taxation under the Municipal Act, the School Act, the Vancouver Charter and the Taxation (Rural Area) Act. Any land so vested which is disposed of by lease to a college affiliated with the university, so long as it is held for college purposes, continues to be entitled to the exemption from taxation provided in this section.
Historical Note(s): 1974-100-52.
52. A university may acquire, take and hold all property that may be bona fide mortgaged or pledged to it by way of security, or foreclosed, or conveyed to it in satisfaction of debts previously contracted, or purchased at judicial sales on levy for the indebtedness, for the purpose of avoiding a loss to the university or to the owners.
Historical Note(s): 1974-100-53.
53. All deeds, transfers, mortgages, instruments or documents required to be in writing, and to which a university is a party, shall be deemed to be properly executed by the university if
(a) the corporate name and seal of the university are affixed to them by an officer authorized by the board; and
(b) the corporate name and seal are witnessed by the signature of an officer authorized and the chairman of the board or other person authorized by the board.
Historical Note(s): 1974-100-54.
54. (1) The board of a university may invest for the benefit of the university sums of money belonging to it and available for investment in securities in which trustees may by law invest trust funds and in other securities authorized by the Lieutenant Governor in Council.
(2) Nothing in this section precludes the university from holding any type of bond, debenture, stock, share or other investment donated to it, or from carrying out the terms of a deed of trust.
Historical Note(s): 1974-100-55.
55. (1) A university may, with the approval of the minister and Minister of Finance, borrow money for the purpose of purchasing or otherwise acquiring land for the use of the university, or for the purpose of erecting, repairing, adding to, furnishing or equipping any building or other structure for the use of the university.
(2) The board is authorized and empowered to make and enter into any agreement which it may consider necessary or advisable for carrying out the purposes mentioned in this section, and to make and execute in the name of the university all agreements, deeds and other instruments considered necessary or advisable to carry into effect the provisions of the agreement.
(3) Subsection (1) does not apply where the money is borrowed under the Educational Institution Capital Finance Act.
Historical Note(s): 1974-100-56; 1979-8-27.
Part 11 — President and Registrar
56. (1) There shall be a president of the university, who shall be the chief executive officer and shall generally supervise and direct the academic work of the university.
(2) Without limiting the generality of subsection (1), the president has power
(a) to recommend appointments, promotions and removal of members of the teaching and administrative staffs and the officers and employees of the university;
(b) to summon meetings of a faculty when he considers it necessary or advisable to do so, and at his discretion to convene joint meetings of all or any of the faculties;
(c) to authorize lectures and instruction in any faculty to be given by persons other than the appointed members of the teaching staff; and
(d) to establish the committees he may consider necessary or advisable.
Historical Note(s): 1974-100-57.
57. (1) The president has power to suspend any member of the teaching and administrative staffs and any officer or employee of the university.
(2) On the exercise of the power, he shall promptly report his action to the board with a statement of his reasons.
(3) A person who is suspended under this section has a right of appeal to the board.
Historical Note(s): 1974-100-58.
58. (1) The president has power to suspend a student and to deal summarily with any matter of student discipline.
(2) On the exercise of the power, he shall promptly report his action to the standing committee established under section 36 (s) with a statement of his reasons.
(3) The action of the president is final and subject in all cases to an appeal to the senate.
Historical Note(s): 1974-100-59.
59. (1) The president shall prepare and publish an annual report on the progress of the university and make any necessary recommendations to the board and the senate, and he shall also report on any matter referred to him by the board or the senate.
(2) The president shall prepare and submit to the board an annual budget in consultation with the appropriate standing committee of the senate.
(3) The president shall present the submissions of the university to the minister.
Historical Note(s): 1974-100-60; 1987-48-9.
60. The president
(a) is a member of the board and shall attend its regular meetings;
(b) is chairman of the senate;
(c) is a member of all standing committees of the senate except the standing committee on appeals;
(d) is a member of each faculty; and
(e) in the absence of the chancellor, is chairman of convocation and shall confer degrees.
Historical Note(s): 1974-100-61.
61. (1) There shall be a registrar, who shall keep the records and perform the duties that the board or senate may require.
(2) The registrar is the secretary of convocation, the senate and of each of the faculties, but has no right to vote as such.
Historical Note(s): 1974-100-62.
62. In the event of disability or absence of the registrar, the board may appoint an acting registrar, who shall perform the duties of the registrar and have all his powers.
Historical Note(s): 1974-100-63.
63-78. [Repealed 1987-48-10.]
Part 14 — General
79. [Repealed 1987-48-10.]
80. [Repealed 1992-24-1.]
81. (1) Each university shall be non-sectarian and non-political in principle.
(2) Notwithstanding subsection (1), a theological college incorporated in the Province may be affiliated with a university under a resolution or order made by the senate in that behalf and approved by the board, and every incorporated theological college affiliated with a university may, notwithstanding that affiliation, have power to confer and grant degrees in theology, including honorary degrees.
(3) Notwithstanding any other provisions of this Act, an affiliated college may make provisions it considers proper in regard to religious instruction and religious worship for its own students, and it may require religious observance as part of its discipline.
Historical Note(s): 1974-100-81.
82. (1) No person in the Province other than a university shall use or be known by the name of a university.
(2) No person shall in the Province hold itself out or be known as a university, or grant degrees in its own name except in accordance with powers granted under this Act.
(2.1) A college or Provincial institute designated under the College and Institute Act may, where entitled to do so under that Act, issue associate degrees in its own name.
(3) No person shall assume or use, in the course of trade, occupation or calling, or otherwise, the coat of arms of a university or used in the various offices or departments of a university, or any design in imitation of that coat of arms, or calculated by its resemblance to deceive, or any paper or other material on which the coat of arms or any design in imitation, or resemblance calculated to deceive, is stamped, engraved, printed or otherwise marked.
(4) Notwithstanding subsection (2), the open university established under the Open Learning Agency Act may grant degrees in its own name in accordance with the Open Learning Agency Act.
(5) Notwithstanding subsection (2), the University of Northern British Columbia established under the University of Northern British Columbia Act may grant degrees in its own name in accordance with that Act.
Historical Note(s): 1974-100-82; 1978-28-23; 1987-62-22, effective April 1, 1988 (B.C. Reg. 14/88); 1990-28-19; 1992-24-2.
83. No action, prosecution or other proceeding shall lie or be instituted against a university, the board, the senate or the members of the board or the senate, or any officer or employee of a university, in respect of any act or omission of a student arising out of an association or activity organized, managed or controlled, in whole or in part, by students of a university or of an affiliated college.
Historical Note(s): 1974-100-83.
84. (1) No action or proceeding shall be brought against a member of a board, senate or faculties, or against an officer or employee of a university, in respect of an act or omission of a member of a board, senate or faculties, or officer or employee, of the university done or omitted in good faith in the course of the execution of his duties on behalf of the university.
(2) In an action against a university, if it appears that the university acted under the authority of this Act or any other Act, the court shall dismiss the action against the university.
Historical Note(s): 1974-100-84.
85. (1) Where a question arises respecting the powers and duties of the convocation, chancellor, president, faculties or an officer or employee of the university, that is not provided for in this Act, the board shall settle and determine the question, and its decision is final.
(2) to (10) [Repealed 1987-48-10.]
Historical Note(s): 1974-100-85; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 1987-48-10.
86-87. [Repealed 1987-48-10.]
Part 15 — Regulations
88. The Lieutenant Governor in Council may make regulations.
Historical Note(s): 1974-100-88.
89. [Repealed 1987-48-10.]
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