Algoma University Act, 2008

Part I 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

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

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.

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.

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

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

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

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 e…

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).

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).

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 …

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 (…

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.

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).

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.

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 the matter is to be considered; and (b) if required by the board’s by-laws or policies, withdraw from the meeting during the discussion of the matter and not vote on the matter. 2008, c. 13, s. 16 (1). Exception, employee (2) Despite subsection (1), a member of the board who is also a member of the teaching staff or a non-teaching employee of the University may take part in discussing and voting on issues concerning general conditions of employment for University employees, unless the discussion and voting deals with…

17 (1) Except for matters specifically assigned to the senate under section 24, 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 and special mission of the University set out in sections 3 and 4; (b) to appoint and remove a chancellor; (c) to appoint and remove the president; (d) to appoint, promote, suspend and remove members of the teaching staff and non-teaching employees of the University, subject to subsection (2); (e) to fix the number, duties and salaries and other benefits of the teaching staff and of the non-teaching employees of the University; (f) to appoint committees and assign or delegate to them such duties and responsibilities as may be provided in the by-laws adopted …

Part IV senate

18 (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 dean of each faculty or, if a division or department is not part of a faculty, the chair of the division or department, iii. the University registrar, and iv. the University library director or chief librarian. 2. Four students elected by the students of the University from among themselves. 3. Such number of persons on the teaching staff, elected by the teaching staff from among themselves, as set out in senate by-laws, which number shall be at least twice the total number of all other members of the senate. 4. One person, other than the president of the University, appointed by the board from among the board members. 5. Such other persons as may be determ…

19 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. 2008, c. 13, s. 19.

20 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. 2008, c. 13, s. 20.

21 (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 18 (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. 2008, c. 13, s. 21 (1). 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. 2008, c. 13, s. 21 (2).

22 (1) A member of the senate is eligible for re-election or reappointment. 2008, c. 13, s. 22 (1). 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. 2008, c. 13, s. 22 (2).

23 (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. 2008, c. 13, s. 23 (1). 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. 2008, c. 13, s. 23 (2). 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. 2008, c. 1…

24 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 advise the president of the University on the staffing needs of the academic departments; (c) to appoint the faculty deans and the divisional or departmental chairs as may be required from time to time; (d) to determine the curricula of all programs and courses of study, the standards of admission to the University and continued registration therein, and the qualifications for degrees, diplomas and certificates of the University; (e) to conduct examinations, appoin…

part v chancellor and president

25 (1) The board may, in its discretion, decide to appoint a chancellor of the University. 2008, c. 13, s. 25 (1). 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. 2008, c. 13, s. 25 (2). 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. 2008, c. 13, s. 25 (3). Appointment (4) The board shall take into consideration the recommendation of the appointment committee when appointing a chancellor. 2008, c. 13, s. 25 (4). Term of office (5) If appointed, the chancellor shall hold office for four years. 2008, c. 13, s. 25 (5). Reappointment (6) The chancellor may be reappointed for a further term but shall not be reappointed for more than two consecutive terms. 2008, c.…

26 (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. 2008, c. 13, s. 26 (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 staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to him or her by the board. 2008, c. 13, s. 26 (2).

Part vi administration

27 (1) Subject to subsection (2), meetings of the board and of the senate 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 board or senate. 2008, c. 13, s. 27 (1). Exclusion (2) The board or the senate, as the case may be, may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the board or senate. 2008, c. 13, s. 27 (2).

28 (1) The by-laws of the board and of the senate shall be open to examination by members of the public during normal business hours. 2008, c. 13, s. 28 (1). Publication (2) The Board and the senate shall publish their by-laws from time to time in such manner as they consider proper. 2008, c. 13, s. 28 (2).

29 (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. 2008, c. 13, s. 29 (1). Exemption from taxation (2) Land vested in the University and land and premises leased to and occupied by the University are exempt from provincial and municipal taxes and development charges, so long as the vested land or leased land and premises are actually used and occupied for the objects of the University. 2008, c. 13, s. 29 (2). Protection from expropriation (3) Land vested in the University is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this Act comes into force shall extend to such…

30 The funds of the University not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund. 2008, c. 13, s. 30.

31 The University, if authorized by the by-laws of the board, may, on such terms and in such amounts as the board may approve, (a) borrow money and give security for money borrowed; and (b) issue or give bonds, debentures and obligations as security. 2008, c. 13, s. 31.

32 (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. 2008, c. 13, s. 32 (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. 2008, c. 13, s. 32 (2). Other reports (3) The University shall submit to the Minister of Training, Colleges and Universities such other reports as the Minister may require. 2008, c. 13, s. 32 (3).

part vii transition

33 Algoma University College is dissolved. 2008, c. 13, s. 33.

34 (1) Despite anything in this Act, the persons who were members of the board of governors and Senate of Algoma University College on the day immediately before the day this Act comes into force shall, on and after that day, constitute the first board and the first senate respectively of the University. 2008, c. 13, s. 34 (1). Duties of first board and senate (2) The first board and the first senate of the University shall, no later 12 months after the day this Act comes into force, appoint or elect such new members of the board and senate as are necessary in order to ensure that the board and senate are constituted in accordance with the requirements of this Act. 2008, c. 13, s. 34 (2). Rotating membership of board (3) Each new member of the board appointed or elected under subsection (2) shall hold office for one year, two years or three years, as determined by the board, and the term…

35 (1) The University shall grant to all of its students and former students of Algoma University College full recognition for all credits and marks awarded by Algoma University College before the coming into force of this Act, whether the credits and marks were awarded directly by the college or by the college in affiliation with Laurentian University. 2008, c. 13, s. 35 (1). Choice of university (2) A student enrolled in Algoma University College immediately before the coming into force of this Act may elect on or before six months after the coming into force of this Act to retain the rights and privileges he or she had as a student at an affiliate of Laurentian University. 2008, c. 13, s. 35 (2).

36 The by-laws made by Algoma University College shall, in so far as they are not inconsistent with this Act and are capable of being applied, implemented or complied with in the administration of the University, shall remain in force until re-enacted, amended or repealed by the University under this Act. 2008, c. 13, s. 36.

37 (1) On the day this Act comes into force, all property of Algoma University College is vested in the University and the obligations and liabilities of Algoma University College, together with the benefits and burdens of all its contracts, collective agreements and covenants are assumed by the University. 2008, c. 13, s. 37 (1). Same (2) For greater certainty, on and after the day this Act comes into force, all contracts, including employee benefits of every employee of Algoma University College are obligations of the University, and all appointments and tenure held by the employees of Algoma University College shall be deemed to have been granted by the University. 2008, c. 13, s. 37 (2).

38, 39 Repealed: see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) 2008, c. 13, s. 38, 39 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2018

40 Omitted (provides for coming into force of provisions of this Act). 2008, c. 13, s. 40.

41 Omitted (enacts short title of this Act). 2008, c. 13, s. 41. Schedule Repealed: 2019, c. 14, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 2008, c. 13, s. 39 - 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. 2 - 21/05/2021 ______________