39

 


 

Second Session, 50th General Assembly

1 Charles III, 2023

BILL 39

AN ACT TO AMEND THE MEMORIAL UNIVERSITY ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE JOHN HAGGIE

Minister of Education

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Memorial University Act to

·         allow for faculty representation on the Board of Regents; and

·         incorporate gender-neutral language.


A BILL

AN ACT TO AMEND THE MEMORIAL UNIVERSITY ACT

Analysis


        1.   S.26 Amdt.
Term of office

        2.   S.30 Amdt.
Filling of vacancies

        3.   S.31 Amdt.
Disqualification

        4.   S.32 Amdt.
Vacation of appointment as members of board

        5.   S.34 Amdt.
Specific powers of board

        6.   S.35 Amdt.
Parking and traffic regulations

        7.   S.35.1 Amdt.
Fines

        8.   S.38 Amdt.
Audit

        9.   S.45 Amdt.
Protection from liability

      10.   S.49 R&S
Chairperson of convocation

      11.   S.55 Amdt.
Term of office

      12.   S.65 Amdt.
Prohibition against use of university name, etc.


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cM-7
as amended

        1. (1) Subsection 26(2) of the Memorial University Act is repealed and the following substituted:

             (2)  An elective member shall vacate the elective member's seat on the board if the elective member stops being a member of the convocation.

             (2)  Subsection 26(4) of the Act is amended by deleting the words "his or her" and substituting the words "the member's".

 

        2. Subsection 30(3) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

        3. (1) Subsection 31(2) of the Act is repealed and the following substituted:

             (2)  Where an appointed or an elective member of the board, after the member's appointment or election,

             (a)  accepts or occupies the office or position referred to in subsection (1); or

             (b)  becomes incapable of acting as a member,

the member shall automatically stop being a member of the board, and a declaration of the existence of the vacancy entered upon the minutes of the board shall be conclusive evidence of that vacancy.

             (2)  Section 31 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  Subsection (1) and paragraph (2)(a) do not apply to a member of the board appointed under paragraph 22(2)(c) who is a member of the teaching staff of the university or an affiliated college.

 

        4. (1) Subsection 32(1) of the Act is amended by

             (a)  deleting the words "he or she" wherever they appear and substituting the words "the member"; and

             (b)  deleting the words "his or her" and substituting  the words "the member's".

             (2)  Subsection 32(2) of the Act is repealed and the following substituted:

             (2)  Subsection (1) does not apply to

             (a)  the members of the board referred to in paragraph 22(2)(a);  and

             (b)  a member of the board appointed under paragraph 22(2)(c) who is a member of the teaching staff of the university or an affiliated college.

 

        5. (1) Section 34 of the Act is amended by deleting the words "Minister of Justice" wherever they appear and substituting the words "Minister of Justice and Public Safety".               

             (2)  Subparagraph 34(1)(f)(i) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the person"; and

             (b)  deleting the words "him or her" and substituting the words "the person".

             (3)  Subsection 34(5) of the Act is repealed and the following substituted:

             (5)  A special constable appointed under subsection (3) shall be supplied by the board with an identification card and shall, before entering upon the special constable’s duties, take and sign, before a Provincial Court judge, the same oaths or affirmations, with the necessary changes, that are required of members of the Royal Newfoundland Constabulary under section 5 of the Royal Newfoundland Constabulary Act, 1992 and those oaths or affirmations shall be retained by the board as part of its records.

             (4)  Subsection 34(8) of the Act is amended by deleting the reference "Justice and Other Public Authorities Protection Act" and substituting the reference "Justice and Public Authorities Protection Act".

 

        6. (1) Subsection 35(2) of the Act is amended by deleting the words "his or her" and substituting the word "a".

             (2)  Subsection 35(3) of the Act is amended by deleting the words "his or her" and substituting the word "a".

 

        7. (1) Subsection 35.1(1) of the Act is repealed and the following substituted:

Fines

   35.1 (1) A fine recovered under section 35 of the Act or under the regulations under that section shall be forwarded to the university.

             (2)  Subsection 35.1(2) of the Act is amended by deleting the words "Minister of Justice" and substituting the words "Minister of Justice and Public Safety".

 

        8. Subsection 38(6) of the Act is amended by deleting the words "he or she" and substituting the words "the auditor general".

 

        9. Subsection 45(1) of the Act is amended by deleting the words "his or her" and substituting the word "the".

 

      10. Section 49 of the Act is deleted and the following substituted:

Chairperson of convocation

      49. The chancellor shall be the chairperson of the convocation and shall confer all degrees.

 

      11. (1) Subsection 55(1) of the Act is amended by deleting the words "he or she" and substituting the word "being".

             (2)  Subsection 55(3) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the member"; and

             (b)  deleting the words "his or her" wherever they appear and substituting the words "the member's".

 

      12. Subsection 65(3) of the Act is amended by deleting the words "him or her" and substituting the words "the person".