S.M. 2005, c. 13

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S.M. 2005, c. 13

Bill 18, 3^rd Session, 38^th Legislature

Le Collège de Saint-Boniface Incorporation Amendment Act

(Assented to June 9, 2005)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

R.S.M. 1990, c. 36, amended

Le Collège de Saint-Boniface Incorporation Act is amended by this Act.

The title is replaced with "LE COLLÈGE UNIVERSITAIRE DE SAINT-BONIFACE ACT".

Section 1 is amended by striking out "Le Collège de Saint-Boniface" and substituting "Le Collège universitaire de Saint-Boniface, consisting of the members of the board appointed in accordance with section 6.1,".

The following is added after section 1:

Purposes

1.1

The corporation's purposes are to serve the educational needs and further the linguistic, cultural, economic and social well-being of francophone communities in Manitoba and Canada by providing a broad range of educational opportunities in the French language.

Affiliated college of University of Manitoba that also provides community college programming

1.2

The corporation is an affiliated college of The University of Manitoba and, for its purposes, may also provide community college programming approved by the Council on Post-Secondary Education.

Section 2 is replaced with the following:

Board

The governing body of the corporation is its board.

Appointment of board members

2.1(1)

The board is to consist of

(a) up to 12 members who are appointed in accordance with the corporation's by-laws; and

(b) up to three members who are appointed by the Lieutenant Governor in Council one of whom must be a student.

Francophone representation

2.1(2)

The Lieutenant Governor in Council must give due regard to the francophone nature of the corporation when appointing members under clause (1)(b).

Term of L.G. in C. appointees

2.1(3)

Each member appointed by the Lieutenant Governor in Council

(a) is to hold office for a term of three years, beginning on July 1 of the year the member is appointed and continuing until a successor is appointed; and

(b) is eligible to be appointed for a second term of three years, but not for a further term until at least three years after the end of his or her second term.

Term of student member

2.1(4)

Despite subsection (3), the student appointed by the Lieutenant Governor in Council is to hold office for one year and is eligible to be reappointed.

Section 3 is amended

(a) by replacing the section heading with "Powers – governance";

(b) by striking out "The members of the corporation shall have" and substituting "Subject to this Act, the board has"; and

(c) by striking out everything after "property of the corporation".

The following is added after section 3:

Powers — property

3.1

The corporation may acquire and hold real and personal property, and subject to section 4, may sell, alienate, exchange, lease, mortgage, or otherwise charge or dispose of it.

Section 4 is amended by striking out "the object of education" and substituting "its purposes".

Section 5 is amended by striking out "education" and substituting "the corporation's purposes".

Section 6 is replaced with the following:

Certificates, diplomas and degrees

The corporation may grant

(a) certificates and diplomas; and

(b) degrees in theology and divinity, including honorary degrees in those subjects.

Agreements with French language universities and other institutions

6.1(1)

With the approval of the Council on Post-Secondary Education, the corporation may enter into an agreement

(a) with a university in Canada that provides programs predominately in the French language to enable students of the corporation to obtain credit in a course or degree program offered by that institution; and

(b) with a college, university college or other similar institution in Canada, in respect of certificates or diploma programs, to

(i) develop and deliver joint programs, and

(ii) enable students of the corporation to obtain credit in a course or program leading to a certificate or diploma offered by the corporation or the other party to the agreement.

Terms and conditions

6.1(2)

The Council on Post-Secondary Education may grant the approval for a limited period or may impose terms and conditions on the approval, and the corporation must comply with any terms and conditions that are imposed.

Auditor

6.2

The Auditor General, or any other auditor appointed by the Lieutenant Governor in Council, must audit the accounts of the corporation at least once a year and make a written report on the audit to the board and to the Lieutenant Governor in Council. The audit is to be conducted in the language in which the corporation normally conducts its affairs.

Corporations Act not to apply

6.3

The Corporations Act does not apply to the corporation.

Section 7 is repealed.

Section 8 is replaced with the following:

C.C.S.M. reference

This Act may be cited as Le Collège universitaire de Saint-Boniface Act and referred to as chapter C150.2 of the Continuing Consolidation of the Statutes of Manitoba.

Consequential amendment, C.C.S.M. c. F175

The definition "educational body" in section 1 of The Freedom of Information and Protection of Privacy Act is amended by adding the following after clause (c.2):

(c.3) Le Collège universitaire de Saint-Boniface,

Consequential amendments, C.C.S.M. c. M225

The Municipal Act is amended in the following provisions by striking out "Le Collège de Saint-Boniface" and substituting "Le Collège universitaire de Saint-Boniface":

(a) subclause (a)(ii) of the definition "institutional lands" in section 334; and

(b) clause 335(2)(a).

Consequential amendment, C.C.S.M. c. M226

Clause 22(1)(b.1) of The Municipal Assessment Act is amended by striking out " Le Collège de Saint-Boniface continued under Le Collège de Saint-Boniface Incorporation Act" and substituting "Le Collège universitaire de Saint-Boniface continued under Le Collège universitaire de Saint-Boniface Act".

Consequential amendment, C.C.S.M. c. P13

Schedule A of the English version of The Pay Equity Act is amended by striking out "Collège Universitaire de St. Boniface" and substituting "Collège universitaire de Saint-Boniface".

Consequential amendments, C.C.S.M. c. T20

The Teachers' Pensions Act is amended in the following provisions by striking out "Le Collège de Saint-Boniface" and substituting "Le Collège universitaire de Saint-Boniface":

(a) clause 3(h);

(b) subclause 63.2(2)(a)(iii);

(c) in clause (b) of the definition "qualifying teacher" in subsection 68(1).

Consequential amendments, C.C.S.M. c. U60

18(1)

The University of Manitoba Act is amended by this section.

18(2)

Clause 56(1)(a) is replaced with the following:

(a) Le Collège universitaire de Saint-Boniface;

18(3)

Section 58 is renumbered as subsection 58(1) and the following is added as subsection 58(2):

Le Collège universitaire de Saint-Boniface