Bill S-1001

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First Reading

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3rd Session, 40th Parliament,

59-60 Elizabeth II, 2010-2011

senate of canada

BILL S-1001

An Act respecting Queen’s University at Kingston

Preamble

Whereas Queen’s University at Kingston was incorporated by Royal Charter on October 16, 1841, under the name Queen’s College at Kingston;

Whereas the Charter has since been amended and added to by Act of Parliament from time to time;

Whereas Queen’s University at Kingston has by its petition prayed that the constitution of the corporation of the University be amended in order to effect certain changes in the composition and powers of the Board of Trustees and of the University Council and the mode of election of their respective members, and to effect other technical or incidental changes as may be appropriate;

And whereas it is expedient to grant the prayer of the petition;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

AN ACT RESPECTING QUEEN’S COLLEGE AT KINGSTON, AND TO CHANGE ITS NAME TO “QUEEN’S UNIVERSITY AT KINGSTON”

1912, ch.138

1. Section 7 of An Act respecting Queen’s College at Kingston, and to change its name to “Queen’s University at Kingston”, chapter 138 of the Statutes of Canada, 1912, is repealed.

2. Sections 10 and 11 of the Act are replaced by the following:

Board of Trustees

10. The Board of Trustees of the University consists of

(a) the Chancellor, the Rector and the Principal, who are ex officio members;

(b) two faculty members elected by the faculty, in accordance with the by-laws of the Board of Trustees;

(d) two student members elected by students registered in academic programs of the University, in accordance with the by-laws of the Board of Trustees;

(e) six individuals elected or appointed by the University Council from time to time, in accordance with the by-laws of the University Council; and

(f) not more than ten individuals elected or appointed by the Board of Trustees from time to time, in accordance with the by-laws of the Board of Trustees.

By-laws of Board of Trustees

11. The Board of Trustees may make by-laws from time to time, not contrary to the Royal Charter or any Act of Parliament, respecting

(a) subject to paragraph 10(f), the number of Trustees to be elected or appointed by the Board of Trustees, and their term of office;

(b) the manner of election of the faculty, staff and student members of the Board of Trustees referred to in paragraphs 10(b) to (d), and their term of office;

(c) the retirement and replacement of members of the Board of Trustees, and the filling of vacancies that may occur from time to time by reason of the death, resignation, or disability of a member of the Board of Trustees, or for any other cause;

(d) the establishment and removal of committees of the Board of Trustees, and the membership and powers of such committees;

(e) the manner of holding meetings, provision for quorum, and voting rights;

(f) the making, repeal and amendment of the by-laws of the Board of Trustees; and

(g) the conduct in all other particulars of the affairs of the Board of Trustees.

3. Sections 14 and 15 of the Act are repealed.

4. Section 17 of the Act is replaced by the following:

University Council

17. (1) Subject to the provisions of this Act, the University Council of Queen’s University is hereby continued and shall have and exercise the lawful powers and functions held and exercised by it immediately before the coming into force of this provision.

By-laws of University Council

(2) The University Council may make by-laws from time to time, not contrary to the Royal Charter or any Act of Parliament, respecting

(a) the determination of the membership of the University Council;

(b) the time for and the manner of election or appointment of the members of the University Council, and their term of office;

(c) the retirement and replacement of the members of the University Council, and the filling of vacancies that may occur from time to time by reason of the death, resignation, or disability of a member of the University Council, or for any other cause;

(d) the appointment and removal of a Secretary and such other officers as the University Council considers necessary or expedient;

(e) the manner of appointment of the Chancellor of Queen’s University;

(f) the manner of election of the Rector;

(g) the time for and the manner of election or appointment of members of the Board of Trustees by the University Council, and their term of office; and

(h) the conduct in all other particulars of the affairs of the University Council.

Chancellor

17.1 (1) The University Council shall, in accordance with its by-laws, appoint a Chancellor of Queen’s University as the highest officer of the University.

Term of office

(2) The Chancellor holds office for three years from the date of appointment or until a successor is appointed, whichever is later.

Role at meetings

(3) The Chancellor shall preside at all meetings of the University Council, holding both a deliberative and a casting vote on all motions submitted to any meeting of the University Council.

Rector

17.2 The students registered in academic programs of the University shall, in accordance with the by-laws of the University Council, elect a Rector to hold office for three years from the date of election or until a successor is elected, whichever is later.

TRANSITIONAL PROVISION

Transitional provision

5. The persons who, immediately before the coming into force of this Act, held the office of Chancellor or Rector, or were members of the Board of Trustees or the University Council, continue to hold office for the remainder of the term for which they were elected or appointed.

INCONSISTENCY

Inconsistency or conflict

6. Where there is any inconsistency or conflict between this Act and the Royal Charter or the provisions of any law, this Act prevails to the extent of the inconsistency or conflict.

Published under authority of the Senate of Canada

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Explanatory Notes

An Act respecting Queen’s College at Kingston, and to change its name to “Queen’s University at Kingston”

Clause 1: Existing text of section 7:

7. In addition to the chancellor elected by the Council and the principal appointed by the trustees there shall be a rector elected by the registered matriculated students of the University.

2. The manner of election of the rector shall be prescribed by by-laws of the University Council, and he shall hold office for three years, or until his successor is elected.

Clause 2: Existing text of sections 10 and 11:

10. The Board of Trustees of the University consists of

(a) the Chancellor, the Rector and the Principal, who are ex officio members;

(b) a member appointed annually by the governing board of each of the affiliated colleges;

(d) six members elected by the graduates;

(e) four members elected by the benefactors;

(f) twelve members elected by the Board of Trustees;

(g) six members appointed in the first instance by the Governors of the School of Mining and Agriculture and afterwards elected as hereinafter provided;

(h) four members appointed by the Lieutenant Governor in Council of the Province of Ontario;

(i) two faculty members elected by the faculty;

(j) two staff members elected by the staff; and

(k) two student members elected by students registered in academic programs in the University.

11. The mode of election and tenure of office of members of the Board of Trustees, other than ex officio members shall be as follows:—

(a) [Repealed.]

(b) The member appointed annually by the governing board of each affiliated college shall hold office for one year;

(c) The members elected by the University Council shall be elected from among their own number in accordance with by-laws passed by the said Council;

(d) The members elected by the graduates and by the benefactors shall be elected in accordance with by-laws passed by the University Council;

(e) The twelve members elected by the Board of Trustees shall be elected in the first instance by the present Board of Trustees, and may be chosen from among the members of the present Board, and three of them shall retire annually in alphabetical order, and the places of those so retiring shall be filled by the election, by the Board of Trustees of the University, of members who shall hold office for the term of four years;

(f) That of the six trustees appointed by the governors of The School of Mining and Agriculture two shall retire at the end of six years, two at the end of seven years, and two at the end of eight years, and that the vacancies thus occurring shall be filled each year by the election of one additional trustee by the Board of Trustees and one additional trustee by the benefactors and that the trustees so elected to fill the said vacancies shall each hold office for the term of three years.

(f.1) The members to be elected by the faculty, the staff or the students shall be elected in accordance with by-laws passed by the University Council; and

(g) In case a vacancy occurs in the Board of Trustees by death, resignation or any cause other than effluxion of time the vacancy shall thereupon be filled for the balance of the term by the appointing or electing person or body, and in case the vacancy so occurs among the six trustees mentioned in paragraph (f) during the period of their first appointment it shall be filled by the election of a new trustee by the surviving or remaining members of the trustees so first appointed.

Provided, however, that the present representatives of the University Council and of the graduates on the Board of Trustees of Queen’s College at Kingston shall continue in office and be members of the Board of Trustees of Queen’s University at Kingston until their respective terms of office expire.

Clause 3: Existing text of sections 14 and 15:

14. Seven members of the Board of Trustees shall be a quorum for all purposes except for the appointment or removal of the principal or of a professor, for which purpose a quorum of thirteen shall be necessary; provided that for the removal of a principal or of a professor a two-thirds affirmative vote shall be required.

15. The Board of Trustees shall be duly constituted as soon as the twelve members provided for in section 10 of this Act have been elected as hereinbefore provided, notwithstanding that all other members of the Board have not been appointed or elected, and the Board may be convened by the chancellor, and shall appoint its chairman.

Clause 4: Existing text of section 17:

17. The University Council is hereby continued and, subject to the provisions of this Act, shall have and exercise its present powers and functions, and may in addition frame regulations or by-laws to govern the conduct of its annual elections and to fix the term for which its members shall hold office and the number that shall retire annually.