Ontario College of Art and Design University Act, 2002

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Sections45

• [s0]

  Interpretation and Continuation, Objects and Powers of University

• 1.
• 1Definitions

  1 In this Act, “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”) “University” means the Ontario College of Art & Design University continued under section 2. (“Université”) 2002, c. 8, Sched. E, s. 1; 2010, c. 12, s. 24. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 24 (1-3) - 08/06/2010

• 2.
• 2Continuation of corporation

  2 (1) The Ontario College of Art & Design is continued as a corporation without share capital under the name Ontario College of Art & Design University in English and Université de l’École d’art et de design de l’Ontario in French and shall consist of the members of its board. 2010, c. 12, s. 25. Conflicts (2) 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. 2002, c. 8, Sched. E, s. 2 (2); 2017, c. 20, Sched. 8, s. 105. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 25 - 08/06/2010 2017, c. 20, Sched. 8, s. 105 - 19/10/2021

• 3.
• 3Objects

  3 The objects of the University are to provide the opportunity and environment for advanced education in art and design at the undergraduate and graduate levels and to support teaching, research and professional practice in these fields. 2010, c. 12, s. 26. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 26 - 08/06/2010

• 4.
• 4Powers

  4 (1) The University has all the powers necessary and incidental to its objects. 2002, c. 8, Sched. E, s. 4 (1); 2010, c. 12, s. 27 (1). Degrees, etc. (2) Subject to subsection (3), 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. 3 (2). Same (3) The authority of the University to confer credentials under subsection (2) shall be exercised in a manner consistent with the objects of the University set out in section 3. 2019, c. 14, Sched. 5, s. 3 (2). Affiliation (4) The University may affiliate or federate with other universities, colleges and institutions of learning, on such terms and for such periods of time as the board may determine. 2002, c. 8, Sched. E, s. 4 (4); 2010, c. 12, s. 27 (5). Section Amendments with date in force (d/m/y) 2010, c. 12, s. 27 (1-5) - 08/06/2010 2…

• 5.
• [s5]

  Board of Governors

• 6.
• 5Board of governors

  5 (1) There shall be a board of the University, consisting of, (a) the president of the University, by virtue of office; (b) six members, appointed by the Lieutenant Governor in Council, who are neither students nor employees of the University; and (c) such other members as may be set out in the by-laws of the University so long as at least a majority of the members of the board are persons who are neither students nor employees of the University. 2010, c. 12, s. 29 (1). By-law respecting elections (2) The board shall by by-law determine the manner and procedure for the election of members described in clause (1) (c) and eligibility requirements for election to the board. 2002, c. 8, Sched. E, s. 5 (2). Term (3) The term of office for each member of the board, other than the president, shall be not more than three years, as determined by by-law, and each member is eligible for reappointm…

• 7.
• 6Powers and duties of board

  6 (1) The board is responsible for governing and managing the affairs of the University and has the necessary powers to do so, including the power, (a) to determine the mission, vision and values of the University in a manner that is consistent with the objects of the University set out in section 3; (a.1) to appoint and remove a chancellor; (b) to appoint and remove the president; (b.1) to appoint, promote, suspend and remove members of the teaching faculty, academic staff and non-teaching employees of the University, subject to subsection (1.1); (b.2) to fix the number, duties and salaries and other benefits of the teaching faculty, academic staff and non-teaching employees of the University; (b.3) to approve the annual budget of the University and to monitor its implementation; (c) to appoint committees and assign or delegate to them such duties and responsibilities as may be provided…

• 8.
• [s8]

  Senate

• 9.
• 10.
• 7Senate composition

  7 (1) There shall be a senate of the University, consisting of not more than 60 members, including the following members: 1. The following persons who are members by virtue of their office: i. the president of the University, ii. the vice-president, academic of the University, iii. the vice president, research and graduate studies of the University, iv. the chancellor of the University, v. the dean of each faculty or, if a program is not part of a faculty, the associate dean or chair of the program, vi. the University registrar, and vii. the University director of library services or chief librarian. 2. Such number of students elected by the students of the University from among themselves as set out in the senate by-laws. 3. Such number of persons on the teaching faculty, elected by the teaching faculty from among themselves, as set out in senate by-laws, which number shall be at least …

• 11.
• 7.1Senate election

  7.1 The senate shall conduct the election of its elected members and shall determine any dispute as to the eligibility of a candidate at such election or as to a person’s entitlement to vote at the election. 2010, c. 12, s. 31. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 31 - 08/06/2010

• 12.
• 7.2Term of office

  7.2 The term of office for an elected or appointed member of the senate shall be, (a) not more than three years, as determined by the by-laws of the senate; or (b) if a by-law referred to in clause (a) is not made, one year. 2010, c. 12, s. 31. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 31 - 08/06/2010

• 13.
• 7.3Loss of eligibility

  7.3 (1) If, during his or her term of office, a member of the senate elected or appointed under paragraph 2, 3, 4 or 5 of subsection 7 (1) ceases to be eligible for election or appointment to the senate under the same paragraph, he or she thereby ceases to be a member of the senate. 2010, c. 12, s. 31. Exception, student graduation (2) Despite subsection (1), if a student member of the senate graduates during his term of office, he or she may continue to sit as a member of the senate until the next anniversary of the day of his or her election. 2010, c. 12, s. 31. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 31 - 08/06/2010

• 14.
• 7.4Renewal of term

  7.4 (1) A member of the senate is eligible for re-election or reappointment. 2010, c. 12, s. 31. Limitation (2) A person elected or appointed to the senate may not be a member of the senate for more than two consecutive terms, but is eligible for reappointment or re-election after one year’s absence from the senate. 2010, c. 12, s. 31. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 31 - 08/06/2010

• 15.
• 7.5Vacancies

  7.5 (1) A vacancy on the senate occurs if, (a) a member resigns or ceases to be eligible for appointment or election to the senate before the end of his or her term; (b) a member is incapable to continue to act as a member and the senate by resolution declares the membership to be vacated; or (c) such circumstances as may be specified in a by-law of the senate exist. 2010, c. 12, s. 31. Same (2) If a vacancy occurs on the senate, the senate 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, fill the vacancy within the time period, and according to the procedures, provided in the by-laws of the senate. 2010, c. 12, s. 31. Completion of term (3) The person who fills a vacancy on the senate under subsection (2) shall hold office for the remainder of the term of the member he or she is replacing. 2010, c. 12, s. 3…

• 16.
• 7.6Powers of senate

  7.6 The senate has, subject to the approval of the board with respect to the expenditure of funds, the power to determine and regulate the educational policy of the University and, without limiting the generality of the foregoing, has the power, (a) to make recommendations to the board with respect to the establishment, change or termination of programs and courses of study, schools, faculties, divisions and departments; (b) to make recommendations to the board on the allocation or use of University resources for academic purposes; (c) to advise the president of the University on the staffing needs of the academic departments; (d) to appoint the faculty deans, associate deans and the program chairs as may be required from time to time; (e) to determine the curricula of all programs and courses of study, the standards of admission to the University and continued registration therein, and …

• [s16]

  Chancellor and President

• 7.7Chancellor

  7.7 (1) The board may, in its discretion, decide to appoint a chancellor of the University. 2010, c. 12, s. 31. Appointment committee (2) If the board decides to appoint a chancellor, it shall establish an appointment committee to make recommendations as to the person to be appointed chancellor. 2010, c. 12, s. 31. Same (3) The appointment committee shall be composed of such members of the board and senate as may be determined by the by-laws of the board. 2010, c. 12, s. 31. Appointment (4) The board shall take into consideration the recommendation of the appointment committee when appointing a chancellor. 2010, c. 12, s. 31. Term of office (5) If appointed, the chancellor shall hold office for four years. 2010, c. 12, s. 31. Reappointment (6) The chancellor may be reappointed for a further term but shall not be reappointed for more than two consecutive terms. 2010, c. 12, s. 31. Vice-ch…

• 8President

  8 (1) There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine. 2002, c. 8, Sched. E, s. 8 (1); 2010, c. 12, s. 32 (1). Powers and duties (2) The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching faculty and academic staff and other employees, and such other powers and duties as may be conferred upon or assigned to him or her by the board. 2002, c. 8, Sched. E, s. 8 (2); 2010, c. 12, s. 32 (2). Vice-president (3) The board may, on the recommendation of the president, appoint one or more vice-presidents and other managers who shall have such powers and duties as may be conferred on them by the board. 2002, c. 8, Sched. E, s. 8 (3). Section Amendments with date in force (d/m/y)…

• [s19]

  Administration

• 9Meetings

  9 (1) Subject to subsection (2), meetings of the board and meetings of its permanent committees shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the University. 2002, c. 8, Sched. E, s. 9 (1); 2010, c. 12, s. 34. Exclusion (2) The board may exclude any person from part of a meeting during which a confidential matter or a matter of a personal nature concerning an individual is being considered. 2002, c. 8, Sched. E, s. 9 (2). Section Amendments with date in force (d/m/y) 2010, c. 12, s. 34 - 08/06/2010

• 10By-laws

  10 (1) The by-laws of the University shall be open to examination by members of the public during normal business hours. 2002, c. 8, Sched. E, s. 10 (1); 2010, c. 12, s. 35 (1). Publication (2) The University shall publish its by-laws in such manner and at such time as it considers proper. 2002, c. 8, Sched. E, s. 10 (2); 2010, c. 12, s. 35 (2). Section Amendments with date in force (d/m/y) 2010, c. 12, s. 35 (1, 2) - 08/06/2010

• 11Property

  11 (1) The University may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the University, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate. 2002, c. 8, Sched. E, s. 11 (1); 2010, c. 12, s. 36 (1). Vesting (2) All property granted, conveyed, devised or bequeathed to the Ontario College of Art or to the Council of the Ontario College of Art, before or after this Act comes into force, and all property held in trust by the Ontario College of Art or by the Council of the Ontario College of Art, before or after this Act comes into force, is vested in the University, subject to any trusts or conditions affecting the property. 2002, c. 8, Sched. E, s. 11 (2); 2010, c. 12, s. 36 (2). Exemption from taxation (3) Land vested in the Universi…

• 12Audits and reports

  12 (1) The board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust funds and transactions of the University at least once a year. 2002, c. 8, Sched. E, s. 12 (1); 2004, c. 8, ss. 46, 47 (2); 2010, c. 12, s. 37 (1). Financial report (2) The University shall make a financial report annually to the Minister of Training, Colleges and Universities in such form and containing such information as the Minister may require. 2002, c. 8, Sched. E, s. 12 (2); 2010, c. 12, s. 37 (2). Other reports (3) The University shall submit to the Minister of Training, Colleges and Universities all other reports as the Minister may require. 2002, c. 8, Sched. E, s. 12 (3); 2010, c. 12, s. 37 (3). Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table, s. 47 (2) - 01/11/2005 2010, c. 12, s. 37 (1-3) - 08/06/2010

• [s24]

  Transition Transition

• 13Recognition of credits and marks

  13 (1) The University shall grant to all its students and former students full recognition for all credits and marks awarded by the Ontario College of Art and the Ontario College of Art & Design before the coming into force of this section. 2010, c. 12, s. 38. First Senate (2) Despite anything in this Act, the persons who were members of the academic council of the Ontario College of Art & Design on the day immediately before the day section 31 of the Post-secondary Education Statute Law Amendment Act, 2010 comes into force shall, on and after that day, constitute the first senate of the University. 2010, c. 12, s. 38. Duties of first senate (3) The first senate of the University shall no later than July 1 after the day section 31 of the Post-secondary Education Statute Law Amendment Act, 2010 comes into force appoint or elect new members of the senate as are necessary in order to ensure…

• 14

  14 Omitted (amends or repeals other Acts). 2002, c. 8, Sched. E, s. 14.

• 15

  15 Omitted (provides for coming into force of provisions of this Act). 2002, c. 8, Sched. E, s. 15.

• 16

  16 Omitted (enacts short title of this Act). 2002, c. 8, Sched. E, s. 16. ______________