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RSNL1990 CHAPTER M-7
MEMORIAL UNIVERSITY ACT
1991 c38; RSN 1990 cD-5 s9; 1993 c13; 1994 c28 s18;
AN ACT RESPECTING THE MEMORIAL
1. This Act may be cited as the Memorial University Act.
2. In this Act, unless the context otherwise requires
(a) "board" means the Board of Regents of the university;
"college" means a college affiliated with
(c) "university" means the Memorial University of Newfoundland.
RSN1970 c231 s2; 1996 cS-12.1 s112
The Memorial University of Newfoundland
3. (1) The Memorial University of Newfoundland, consisting of a Chancellor, Convocation, Board of Regents, Senate, faculty councils and the faculties, is continued as a corporation.
(2) Another university having corporate powers capable of being exercised within the province shall not be known by the same name.
(3) The university shall have full power and authority to establish and maintain those faculties, colleges, schools, institutions, departments, chairs and courses that may seem appropriate to the board, and
(a) to give instructions and training in all branches of knowledge and learning, including physical instruction and training;
(b) to grant degrees, including honorary degrees, diplomas and certificates of proficiency;
(c) to provide facilities for the prosecution of original research in every branch of knowledge and learning and to conduct and carry on that research work; and
(d) generally, to promote and carry on the work of a university in all its branches.
RSN1970 c231 s3; 1990 cD-5 s9; 1998 c6 s7
4. (1) The university may acquire, by gift, purchase, or another manner, and hold, for the purposes of the university, all property, real and personal, of every kind; and, subject to the approval of the Lieutenant-Governor in Council and to the terms of a grant, conveyance, gift, devise, or bequest of property to the university, shall have power to mortgage, sell, transfer, lease for not more than 99 years, or otherwise dispose of all its property, real or personal, and to make and execute all necessary and proper conveyances, transfers, or leases in order to do so.
(2) Subject to the approval of the Lieutenant-Governor in Council, the university may erect and construct all buildings that the board considers necessary or convenient for the purpose of the university, to lay out grounds for university purposes, to maintain and keep in proper order and condition, and to alter, repair, renovate and improve all grounds and all university buildings, with their appurtenances; and to spend the money required for these purposes, and for the furnishing and equipping of university buildings.
5. (1) Subject to the terms of a trust relating to a donation and to the express terms of a donor making a donation, the university may convert trust property held by the university and may invest or reinvest the proceeds of that conversion, other trust money, money belonging to the university and available for investment and other property and rights of the university in
bonds or debentures of a municipality in
(b) investments in which life insurance companies are authorized by the Parliament of Canada to invest funds, subject to the limitation on investments in stocks, bonds, debentures and real estate mortgage as set out in the Insurance Companies Act (Canada);
(c) other securities on terms and conditions that are approved for the purpose by the Lieutenant-Governor in Council; or
(d) securities or investments referred to in paragraphs (a), (b) and (c).
(2) Nothing in this section prevents the university from holding a type of bond, debenture, stock, share or other investment donated or bequeathed to it or from carrying out the terms of a deed of trust.
RSN1970 c231 s5; 1994 c28 s18
Property taken as security
6. The university shall have power to acquire, take, and hold all property, both real and personal, as shall in good faith be mortgaged, hypothecated, or pledged to it by security, or foreclosed, or conveyed to it in satisfaction of debts previously contracted, or purchased at judicial sales upon levy for indebtedness, for the purpose of avoiding a loss to the university in respect of that indebtedness.
Real property of the university not to be expropriated
7. (1) Real property which is vested in the university shall not be liable to be entered upon, used, or taken by a municipal or other corporation, or by a person possessing the right of taking lands compulsorily for any purpose.
(2) Power to expropriate real property conferred shall not extend to that real property vested in the university unless in the Act conferring the power it is made in express terms to apply to that real property.
8. (1) The university shall, where and to the full extent which its resources permit, provide
(a) instruction in all branches of liberal education that enable students to become proficient in and qualify for degrees, diplomas and certificates in science, commerce, arts, literature, law, medicine, and all other branches of knowledge;
(b) instruction, whether theoretical, technical, artistic, or otherwise, that is of special service to persons engaged or about to be engaged in the fisheries, manufacturing or the mining, engineering, agricultural and industrial pursuits of the province;
(c) facilities for the prosecution of original research in science, literature, arts, medicine, law and especially the application of science to the study of fisheries and forestry;
(d) fellowships, scholarships, exhibitions, prizes and rewards and monetary and other aids that facilitate or encourage proficiency in the subjects taught in the university, as well as original research in every branch; and
(e) extra-collegiate and extra-university instruction and teaching and public lecturing, whether by radio or otherwise, that may be recommended by the senate.
(2) Subject to the approval of the Lieutenant-Governor in Council, the university may affiliate with the university a college or institution established in the province for the promotion of arts and science, or for instruction in law, medicine, nursing, education, engineering, agriculture or other useful branch of learning and dissolve that affiliation.
Lieutenant-Governor to be the visitor
9. The Lieutenant-Governor shall be the visitor to the university, with authority to do all those acts which pertain to visitors that the Lieutenant-Governor shall consider appropriate.
Composition of convocation
10. The convocation shall be composed of the chancellor, the president, the senate, the board, all persons who are graduates of the Memorial University College, all persons holding academic appointments within the university whose names are added to the roll of the convocation by the registrar of the university upon instructions from the president and all persons who are graduates of the university.
Expenses of convocation
11. The convocation may require a fee to be paid by its members to defray the necessary expenses of the convocation.
Time and place of meeting of convocation
12. The convocation shall meet when called by the chancellor at times and places and with notice that may be fixed by the chancellor or by the convocation by regulations in that behalf, and also when convened by the senate.
Extraordinary meeting of convocation
13. An extraordinary meeting of the convocation shall be called by the chancellor on the requisition of 10 members of the convocation; and the requisition shall state the objects of the meeting to be called, and no matter shall be discussed at that meeting except the matters for which it was convened.
Notice of extraordinary meeting of convocation
14. At least 20 days notice of an extraordinary meeting of the convocation shall be given in writing to each member of the convocation whose address is known, and the objects of the meeting shall be clearly stated in the notice.
15. A question shall not be decided at a meeting of the convocation unless at least 15 members of the convocation are present, and all questions shall be decided by a majority of the members present.
Meeting place and proceedings
16. The senate shall provide an appropriate place for meetings of the convocation and the proceedings of those meetings shall be transmitted to the senate without delay.
Elective officers of convocation
17. The elective officers of the convocation shall be a secretary and a treasurer, each of whom shall be elected annually.
Executive council of convocation
18. There shall be an executive council of the convocation consisting of the chancellor, the president, the secretary and the treasurer as members by virtue of their positions and 15 other members elected by the convocation, 5 of whom shall retire from office each year.
19. (1) The convocation at each annual meeting shall elect 5 members to fill the vacancies in the executive council caused by expiry of the term of office of its elected members and the members elected shall hold office for 3 years.
(2) Where a vacancy in the elective membership of the executive council occurs otherwise than by expiry of the term of office, the remaining members of the executive council may appoint a member to fill the vacancy until the next meeting of the convocation at which meeting a member shall be elected who shall hold office for the remainder of the term of office of the member who was last elected to the office.
Manner of holding elections
20. All elections shall be held in a manner determined by the convocation.
Functions of convocation
21. (1) The functions of the convocation shall be chiefly elective, but the convocation may consider all questions affecting the well-being and prosperity of the university and to make representations on those questions to the senate, which shall consider them and return its conclusions to the convocation.
(2) Convocation shall have power to make regulations for the suspension or expulsion of members for non-payment of fees or other cause and the conduct of its meetings and proceedings.
Constitution of board
22. (1) The Board of Regents of the Memorial University of Newfoundland is continued.
(2) The board shall consist of
(a) by virtue of their office
(i) the chancellor of the university,
(ii) the president of the university, and
(iii) the vice-president of the university who is the pro vice-chancellor;
(b) 6 members elected by the alumni association of the university;
(c) 17 members appointed by the Lieutenant-Governor in Council of whom 3 shall be the same persons who are appointed under subsection 10(2.1) of the College Act, 1996 ; and
(d) 4 members appointed by the Lieutenant-Governor in Council being full-time students of the university who
(i) meet the requirements set out in the regulations, and
(ii) are recommended to the Lieutenant-Governor in Council by the board following the recommendation to the board of one candidate each from the following student unions:
(B) the Graduate Students' Union,
(C) the Marine Institute Students' Union, and
(3) The chairperson of the board shall be appointed by the Lieutenant-Governor and the board shall elect 1 of its members to be a vice-chairperson.
(4) The chairperson of the board shall be the presiding officer at all meetings.
(5) In case of the absence or disability of the chairperson, or in the case of there being a vacancy in the office of chairperson, the vice-chairperson shall possess the powers and perform the duties concerning the office of chairperson.
(6) An entry in the minutes of the board recording the absence or disability of the chairperson, or the existence of a vacancy in the office of chairperson, shall be conclusive evidence of the fact so recorded.
23. In the event of the disability or absence from the province of the chairperson or vice-chairperson, the board may appoint 1 of the members of the board to be acting-chairperson during that disability or absence.
24. Seven members of the board constitute a quorum for the transaction of business.
25. Notwithstanding a vacancy in the board, so long as there remain at least 8 members it shall be competent for the board to exercise its powers.
Term of office
26. (1) The appointed members of the board shall hold office for 3 years, and the elective members for 3 years.
(2) An elective member shall vacate his seat on the board if he or she stops being a member of the convocation.
(3) Notwithstanding subsections (1) and (2), the members appointed under paragraph 22(2)(d) who are full-time students of the university hold office for a term of 2 years, while they remain full-time students of the university and retain their academic standing as set out in the regulations.
(4) One of the 1st 2 members appointed under paragraph 22(2)(d) and designated in his or her appointment holds office for a term of 1 year.
27. (1) The appointed members of the board shall be eligible for reappointment.
(2) The elective members shall be eligible for re-election, but an elective member shall not hold office for more than 6 consecutive years.
28. An appointed or elective member of the board may be removed from office at any time by the Lieutenant-Governor in Council.
29. In the case of a vacancy in the board caused by death, mental incompetence, resignation or otherwise, which happens before the term of office for which a member has been appointed or elected has expired, a declaration of the existence of the vacancy shall be entered upon the minutes of the board and shall be conclusive evidence of that vacancy.
Filling of vacancies
30. (1) Where a vacancy occurs in respect of an elective or appointed member of the board the Lieutenant-Governor in Council shall appoint a person to fill the vacancy.
(2) In the case of an elective member the person appointed under subsection (1) shall hold office only until the next meeting of convocation when convocation shall elect from among its members a person to fill the vacancy.
(3) In the case of an appointed member the person appointed shall hold office only for the remainder of the term for which his or her predecessor was appointed.
31. (1) A person who is a member of the teaching staff of the university or of an affiliated college or institution shall not be eligible to be appointed or elected as a member of the board.
(2) Where an appointed or an elective member of the board, after his or her appointment or election, accepts or occupies the office or position referred to in subsection (1), or becomes incapable of acting as a member, he or she 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.
Vacation of appointment as members of board
32. (1) If a member of the board accepts a position or office mentioned in section 31, or performs or undertakes to perform a duty or service for the university for which he or she receives or is entitled to receive remuneration from money of the university, he or she shall automatically vacate his or her appointment as a member of the board, and a declaration of the vacancy entered on the minutes of the board shall be conclusive evidence of that vacancy.
(2) Subsection (1) does not apply to the members of the board referred to in paragraph 22(2)(a).
General powers of board
33. The management, administration and control of the property, revenue, business and affairs of the university are vested in the board.
Specific powers of board
34. (1) The board shall have the following powers
(a) to make rules and regulations concerning the meetings of the board and its transactions;
(b) to have full and exclusive power and authority to exercise, in the name and for the benefit of the university and as the act and deed of the university, any or all of the powers, authorities and privileges conferred upon the university as a corporation by this Act;
(c) to maintain and keep in proper order and condition real property which it may consider necessary for the use of the university and to erect and maintain those buildings and structures on the property of the university that in its opinion are proper and necessary;
(d) to lay out and spend sums that may be considered necessary for the support and maintenance of the university and for the improvement of existing buildings, and the erection of new buildings that the board may consider necessary for the use or purposes of the university and for the furnishing and equipping of existing and newly erected buildings;
(e) to lay out and spend sums of money that it considers expedient for the erection, equipment, furnishing and maintenance of residences for members of the staff of the university, residences and dining halls for the use of the students of the university, whether those students are graduates or undergraduates and to make rules and regulations as to the management, government and control of them that may seem appropriate;
(f) to appoint the deans of all the faculties, the librarian, the registrar, the bursar, the professors, associate professors, assistant professors, lecturers, instructors, demonstrators and other teachers in the university and all officers and employees that the board considers necessary for the purposes of the university and to fix their salaries or remuneration and to define their duties and their tenure of office or employment which, unless otherwise provided, shall be during the pleasure of the board, provided that
(i) a person shall not be appointed a member of the teaching staff of the university or of a faculty unless he or she is first nominated for the position to which it is proposed to appoint him or her by the president of the university,
(ii) a member of the teaching staff of the university or a faculty shall not be promoted without the concurrence of the president of the university, and
(iii) a member of that teaching staff shall not be removed without the concurrence of the president of the university,
but subparagraphs (i), (ii) and (iii) shall not apply where there is a vacancy in the office of president;
(g) to establish faculty councils and other bodies within the university, to prescribe how they shall be constituted, and to confer upon them powers and to assign to them duties in relation to discipline, conduct of libraries or other matters that the board may consider expedient;
(h) to fix, determine and collect all fees and charges to be paid to the university;
(i) to exercise disciplinary jurisdiction over the students of the university, with power, to take the following actions:
(iv) fine, or
(v) levy assessments upon them for damage to property;
(j) to appoint committees that it considers necessary and to confer upon the committees power and authority to act for the board in and in relation to matters that the board considers expedient;
(k) on behalf of the university to print and publish books, pamphlets, brochures, magazines, journals, newspapers and other literary works, to carry on the business of printers, publishers, booksellers, stationers in all its branches and to purchase literary productions of all kinds and rights of copyright in them;
(l) to select a seal and arms for the university and to have the sole custody and use of the seal;
(m) to determine the number of students that may in the opinion of the board, having regard to the resources available, be accommodated with safety and efficiency in the university or in the faculties of the university; and to make rules and regulations that are considered advisable for limiting the admission or accommodation of students to the number determined and for selecting from applicants possessing the required academic and other qualifications those who are to be admitted as students in the university or in a faculty of the university;
(n) to pay money, directly or indirectly, as contributions towards pensions, annuities, retiring allowances and gratuities for employees of the university upon terms that the board may prescribe;
(o) to hear appeals from the decision of an officer, body or organization of or in the university, by a person affected by a decision and to decide finally upon all matters of university policy;
(p) to provide for representation of a faculty or school established in the university, on the senate, and to fix the number of representatives;
(q) to provide for the establishment of faculties, departments, chairs, lectureships, exhibitions, bursaries, scholarships, fellowships and prizes and to change or abolish them;
(r) to make regulations with respect to the academic and other qualifications that students shall meet and maintain in order to be eligible to be appointed to the board and to continue to serve as a member of the board when appointed; and
(s) to do and perform all other matters and things which may seem appropriate and useful for the well ordering and advancement of the university, the doing of things not repugnant to this Act or to a law in force in the province.
(2) Law enforcement on property owned or occupied by the university, in the following subsections referred to as "university property", shall be provided by the province.
(3) Notwithstanding subsection (2), the board may, subject to the approval of the Minister of Justice, appoint special constables, who shall hold office during the pleasure of the board and a special constable has and may exercise on university property all the powers possessed by or given to a member of the Royal Newfoundland Constabulary.
(4) Special constables appointed under subsection (3) shall, in the performance of their duties and the exercise of their powers, be subject to the lawful directions and orders of the board and of the Minister of Justice, but in case of a conflict the lawful directions and orders of the minister shall prevail.
(5) A special constable appointed under subsection (3) shall be supplied by the board with an identification card and shall, before entering upon his or her 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 11 of the Royal Newfoundland Constabulary Act, and those oaths or affirmations shall be retained by the board as part of its records.
(6) Nothing in this section affects the power of the province or the Minister of Justice to provide for the performance of police duties on university property by members of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police.
(7) Notwithstanding subsection (3), of the security force of the university not more than 5 members of the supervisory staff of that force shall be special constables under this section.
(8) All laws in force in the province for the protection of justices in the execution of their offices, including the Justices and Other Public Authorities Protection Act, shall extend to a special constable appointed under subsection (3) when acting under this Act.
Parking and traffic regulations
35. (1) The board may make regulations for prohibiting the parking of vehicles on land owned, occupied or leased by the university, in this section referred to as "university land", or for permitting the parking of vehicles on land under permit or otherwise and may set out in the regulations the conditions to which the permits are subject or on which parking is otherwise permitted.
(2) The board may issue a permit to a person to park his or her vehicle on the university land referred to in the permit and may attach further conditions to the permit, and the board may attach different conditions to different permits.
(3) The holder of a permit referred to in subsection (2) shall park his or her vehicle in accordance with the conditions attached to the permit or to which it is subject, or, where there are no conditions, as directed by the board.
(4) The board may make different regulations in respect of different pieces of university land and regulations may be made so as to apply generally or during particular periods or at or between specified times or in particular circumstances or subject to particular conditions, and the university land to which regulations refer shall be referred to by name or other description in the regulations.
(5) The board may erect signs containing the words "NO PARKING" or "NO PARKING EXCEPT UNDER PERMIT" to show whether parking is permitted on the university land to which the sign refers and other words, symbols, figures or letters to show that the university land is owned, occupied or leased by the university and to indicate the days on which or the periods during which or the hours between which parking is permitted on the university land, and the university land to which a sign refers may be indicated by additional words or symbols inscribed on the sign that may describe or refer to the university land by name or other description or by reference to another sign erected on or near the university land or to another object or mark.
(6) A person who contravenes
(a) the regulations referred to in this section;
(b) a condition attached to or prescribed in respect of a permit issued under subsection (2); or
(c) a direction of the board referred to in subsection (3),
is guilty of an offence and liable on summary conviction to a fine of not less than $10 and not exceeding $20 and in default of payment of a fine to imprisonment for a period not exceeding 10 days.
(7) The board may make regulations respecting
(a) the towing away and impounding of vehicles parked in contravention of the regulations made under this section; and
(b) [Rep. by 1997 c13 s42]
(c) the terms and conditions of the release of vehicles towed and impounded by the university.
(8) The board may erect on university land at places where the board considers necessary signs
(a) conveying by words or symbols the order not to enter the university land or a part of the land or roads on university land;
(b) conveying by words or symbols the order to drive a vehicle in 1 direction only on university land or on a road on university land;
(c) conveying by words or symbols the order to stop;
(d) conveying by words or symbols the order to yield right of way;
(e) indicating by words, symbols, figures or letters
(i) the maximum or minimum speed at which vehicles may be driven on land or roads of the university,
(ii) the portion, or the beginning and the end, of a road to which the maximum or minimum speed limit applies, and
(iii) the period within which or the hours or days during which the maximum or minimum speed limit is in force;
(f) indicating by words or symbols the direction in which vehicles may be driven or moved on the university land or on a road on that land;
(g) designating roads to be used by vehicles moving in a particular direction; and
(h) for the safe and expeditious control of traffic, the signs having inscribed on them words, symbols, figures or letters that the board shall determine,
and a person failing to obey an order, direction or instruction inscribed on or an indication given or conveyed by a sign erected under this subsection is guilty of an offence and liable on summary conviction to a fine of not less than $10 and not exceeding $50 and in default of payment of a fine to imprisonment for a period not exceeding 14 days.
(9) Signs erected on university land, which are of a kind or of a description prescribed or authorized by this section, shall be considered to have been lawfully erected by the board.
(10) For the purposes of subsection (8) the word "road" includes a road, street, avenue, driveway, lane, pathway, square, place, bridge, culvert, viaduct or trestle on the university land.
(11) The board or some person authorized by it in writing may, either before or after the institution of proceedings against a person for an offence under this section, accept from the person alleged to have been guilty of that offence a payment of a sum not less than the minimum fine prescribed for that offence.
(12) For the purposes of this section,
(a) "park" means to permit a vehicle whether occupied or not to remain in a stationary position;
(b) "person" includes a partnership; and
(c) "vehicle" has the meaning given to it in the Highway Traffic Act.
35.1 (1) A fine recovered under section 35 of the Act or under the regulations under that section shall be forwarded by the court imposing the fine to the Department of Justice which shall forward the fine to the university.
(2) The university shall pay to the province $5, or an amount that the Minister of Justice may order, for every ticket processed by the province for a violation of this Act or the regulations made under it.
35.2 The board may prescribe fees for the purpose of this Act.
Limit of expenditures
36. (1) The board shall not incur liability or make an expenditure beyond the amount unspent of a grant made to the university by the Legislature of the province and the estimated revenue of the university from other sources for the current year, unless an estimate of the expenditure has been 1st submitted to and approved by the Lieutenant-Governor in Council.
(2) Notwithstanding subsection (1), the board may, without the consent of the Lieutenant-Governor in Council, incur liability or make an expenditure not to exceed the amount of 1/4 of 1% of the total of
(a) a grant made to the university by the Legislature; and
(b) estimated revenue of the university from other sources for the current year.
Lands and buildings
37. The board shall not incur liability or make an expenditure for the purchase of lands or the erection of buildings without prior approval of the Lieutenant-Governor in Council.
38. (1) The accounts of the board shall be audited at least once a year by the auditor general, or by some person appointed by the Lieutenant-Governor in Council.
(2) Where an auditor other than the auditor general audits the accounts of the board, the auditor shall comply with subsection 14(2) of the Auditor General Act.
(3) The auditor general may conduct an examination of the auditor's report, the auditor's recommendations to the board and the copy of the audited financial statement of the accounts of the board.
(4) Where, after conducting an examination under subsection (3), the auditor general is of the opinion that the information, explanation or document that is provided, made available or delivered to the auditor general by an auditor under subsection (2) is insufficient to permit the auditor general to make a report under subsection (6), the auditor general may conduct a further examination and investigation of the records and operations of the university that the auditor general considers necessary.
(5) Where the auditor general conducts a further examination and investigation under subsection (4), sections 15, 17, 18, 20, 21, 22 and 29 of the Auditor General Act apply, with the necessary changes.
(6) Where the auditor general conducts an examination under subsection (3) or a further examination and investigation under subsection (4), he or she shall report on it to the House of Assembly, and section 12 of the Auditor General Act applies, with the necessary changes, to the report.
RSN1970 c231 s39; 1993 c13 s1
University's autonomy preserved
38.1 (1) Subsections 38(3) and (4) shall not be construed as entitling the auditor general to question the merits of decisions or actions of the board or the senate taken in contemplation of the work customarily associated with a university as reflected in the powers and authority granted to the university under subsection 3(3).
(2) Notwithstanding paragraph 2(1)(a) of the Auditor General Act, the university is not an agency of the Crown for the purpose of that Act or any other purpose.
38.2 (1) The purpose of this section is to confirm
(a) the customary autonomy of the university; and
(b) the existing practice of the Minister of Education in providing the committees of the House of Assembly with information respecting matters pertaining to the university to enable those committees to properly carry out their duties.
(2) Where a matter pertaining to the university, including a report of the auditor general under subsection 38(6), is referred to a committee of the House of Assembly, the committee shall conduct its examination of the matter through the Minister of Education.
(3) Where a committee of the House of Assembly conducts an examination of a matter pertaining to the university, the chancellor, the president, the chairperson of the board and the vice-presidents and other officers and employees of the university are not compellable to attend as witnesses before the committee.
(4) Where a committee of the House of Assembly conducts an examination of a matter pertaining to the university, a failure to respond to a summons by the committee does not constitute a contempt or breach of the privileges of the House of Assembly.
39. (1) The board shall make an annual report of its transactions to the Lieutenant-Governor in Council, in which shall be set out in detail the receipts and expenditures for the year ending on the preceding March 31, and other particulars that the Lieutenant-Governor in Council may require.
(2) A copy of the annual report shall be immediately transmitted to the senate.
Borrowing powers to meet current expenditures
40. The board may by resolution, with the consent of the Lieutenant-Governor in Council, authorize its chairperson and the bursar to borrow from a person, bank or corporation sums of money that may be required to meet the current expenditures of the university until the time that the revenues for the current year are available, and those loans shall be repaid out of, and shall be a 1st charge upon, revenues and may be secured by the promissory note of the chairperson and the bursar given on behalf of the university.
Borrowing powers to meet capital expenditures
41. (1) Where it is necessary for the university to secure a loan of money for the purpose of purchasing or otherwise acquiring real property for the uses of the university, or for the purpose of erecting, repairing, adding to, furnishing, or equipping a building for the uses of the university, that loan shall not be obtained without the sanction of the Lieutenant-Governor in Council.
(2) The board is authorized and empowered to make and enter into agreements which it may consider necessary for carrying out the purposes mentioned in this section and to make and execute in the name of the university all agreements, deeds and other instruments that may be considered necessary to carry into effect the provisions of an agreement.
Execution of deeds by university
42. All deeds, transfers, mortgages, instruments or documents required to be in writing and to which the university is a party, shall be considered to be properly executed by the university if the corporate name and seal of the university are affixed to them by the bursar, or by some other officer authorized by the board in that behalf and the corporate name and seal are immediately followed on the same page by official signatures of the bursar or other authorized officer and the chairperson or vice-chairperson of the board.
Exemption from taxation
43. The property, real and personal, vested in the university shall not be liable to taxation for provincial, municipal or school purposes, but shall be exempt from taxation until disposed of by sale, lease or otherwise; and real property so vested which is disposed of by lease to a college or other institution affiliated with the university shall, so long as it is held for college or institutional purposes, continue to be entitled to the exemption from taxation provided in this section.
Residential Tenancies Act, 2018
44. The Residential Tenancies Act, 2018 does not apply to housing units for students owned by the university.
1974 No86 s4; 1988 c44 s42(4); 2018 cR-14.2 s44
Protection from liability
45. (1) Without affecting section 19 of theInterpretation Act, a member of the board or senate is not personally liable for loss or damage suffered by a person other than the university because of anything done or omitted to be done by that member of the board or senate in the execution of his or her office or under, or in the exercise of or supposed exercise of, the powers given to the board or senate or to a member of them.
(2) An action or proceedings may not be brought against the university in respect of an act or omission of a member of the board or senate unless the act or omission would, apart from this section, have given rise to a cause of action against that member of the board or senate.
(3) Neither the university nor the board nor the senate, nor a member of the board or senate, nor an officer or employee of the university, is liable because of an act or omission of them in respect of an activity of students or on account of an act or omission of a student.
Decisions as to powers of convocation and officers
46. Where a question arises as to the powers and duties of the convocation, the chancellor, the president, the senate, the faculties, or an officer or employee of the university, the question shall be settled and determined by the board, whose decision shall be final.
47. The board may appoint advisory boards, consisting, either wholly or partly, of persons unconnected with the university, upon terms and for purposes that the board may consider advisable, and may refer to them for advice and report a subject or matter in the board's opinion requiring to be dealt with; and that advice and report shall be considered and weighed by a body in the university to which the board directs advice to be given or report to be made.
48. (1) There shall be a chancellor of the university who shall be appointed by the Lieutenant-Governor in Council.
(2) The president shall be, by virtue of the position, vice-chancellor of the university and in case of the absence or disability of the chancellor, or of there being a vacancy in the office of chancellor, the vice-chancellor shall possess the powers and perform the duties concerning the office of chancellor during the absence or disability of the chancellor or until a chancellor is appointed.
Chairperson of convocation
49. The chancellor shall be the chairperson of the convocation and all degrees shall be conferred by him or her.
Absence of the chancellor
50. In the absence of the chancellor from a meeting the president of the university, for the purpose of that meeting, shall have and exercise the powers of the chancellor.
Appointment of president
51. There shall be a president of the university who shall be appointed by the board in consultation with the senate and with the approval of the Lieutenant-Governor in Council.
52. On the recommendation of the president, the board may
(a) appoint a vice-president of the university who shall, by virtue of the position, be the pro vice-chancellor of the university; or
(b) appoint vice-presidents of the university and designate 1 of them to be pro vice-chancellor of the university.
Vice-president to act for president
53. Where the president is absent because of illness or for another reason, or where the office of president is vacant, the vice-president of the university who is the pro vice-chancellor shall possess and may exercise all of the powers and shall perform the duties of the president, during that absence or vacancy and those powers and duties include the powers and duties of other offices conferred on or entrusted to the president by this Act.
Composition of senate
54. The senate of the university shall be composed of
(a) the chancellor of the university;
(b) by virtue of the position, members who shall be
(i) the president of the university, who shall be the chairperson of the senate,
(ii) the vice-president (academic) of the university, who shall be the deputy chairperson of the senate,
(iii) the Deputy Minister of Education or a representative of the deputy minister,
(iv) the vice-president (health sciences and professional schools) of the university,
the principal of the
(vi) the deans of the faculties of the university,
(vii) the Dean of Graduate Studies,
(viii) the university librarian,
(ix) the university registrar, and
(x) other persons holding office within the university or in the colleges or institutions affiliated with the university chosen in the number and manner that may be approved by the board;
(c) members from the academic staff of the faculties and professional schools of the university, exclusive of a person who is a member by virtue of paragraph (b), elected in a number and manner that may be approved by the board, but the number elected under this paragraph shall be not less than twice the number of members named or chosen under paragraph (b); and
(d) 13 members from the students in attendance at the university, including at lest one student from the Marine Institute, one graduate student and one student from Grenfell College, with all members to be chosen in a manner approved by the board.
1983 c42 s1; 1984 c42 Sch B; 1986 c41 s2; 1990 c26 Sch B; 2004 c32 s3
Term of office
55. (1) Members of the senate chosen under subparagraph 54(b)(x) or paragraph 54(d) shall be chosen annually and shall hold office for a period of 1 year and where a vacancy occurs in respect of such a member, that vacancy shall be filled in the same manner as applied to the member in respect of whom the vacancy occurred, and the person filling the vacancy shall serve for the balance of the year for which the member he or she replaced was chosen.
(2) Members of the senate elected under paragraph 54(c) shall be elected for a 3 year period and where a vacancy occurs in respect of a member that vacancy shall be filled by the senate and the person filling the vacancy shall serve for the remainder of the term of office of the member being replaced.
(3) Where a member of the senate resigns, becomes incapable of acting, becomes a member of the teaching or administrative staff or of the governing body of a college or institution affiliated with the university, not being the body he or she was chosen or elected to represent, or otherwise stops holding the qualifications required under section 54 for his or her choice or election, his or her seat shall become vacant and a declaration of the existence of the vacancy entered upon the minutes of the senate shall be conclusive evidence of that vacancy.
(4) Members of the senate are eligible to be chosen again or to be re-elected.
Duties and powers of senate
56. The senate shall have general charge of all matters of an academic character and it shall have power
(a) to provide for the regulation and conduct of its meetings and proceedings, including the fixing of the quorum necessary for the transaction of business;
(b) to determine the degrees, including honorary degrees, diplomas and certificates of proficiency to be granted by the university and the persons to whom they shall be granted;
(c) to determine the conditions of matriculation and entrance, the standing to be allowed students entering the university and all related matters;
(d) to receive, consider and determine proposals or recommendations of a faculty council or other body as to courses of study and all related matters;
(e) to consider and determine, of its own motion and without recommendation, as to all courses of study and all matters relating to courses of study, but before making a regulation providing for a new course of study or a change in an existing course of study the senate shall refer to the appropriate faculty council and to the appropriate faculty of the affiliated colleges or institutions the proposed regulation for consideration and report on them;
(f) to regulate instruction and to determine the methods and limits of instruction;
(g) to determine the conditions on which candidates shall be received for examination, to appoint examiners and to determine the conduct of all examinations;
(h) to provide for courses of study at a place in the province and to encourage and develop extension and correspondence courses;
(i) to prepare the calendar of the university for publication;
(j) to recommend to the board the establishment of, or the abolition of, or changes in faculties, departments, chairs, lectureships, exhibitions, bursaries, scholarships, fellowships and prizes;
(k) to recommend to the board the affiliation with the university of a college or institution established in the province for the promotion of arts or science, or for instruction in education, law, medicine, nursing, engineering, agriculture, fisheries and the dissolution of that affiliation or an existing affiliation;
(l) to recommend to the board agreements with an incorporated society or association in the province for the establishment and maintenance of a joint system of instruction;
(m) to recommend to the board agreements with an incorporated society or association in the province which has power to prescribe examinations for admission to or registration upon the roll of, the society or association for the purpose of conducting the examinations, reporting the results of the examinations and providing for courses in connection with examinations;
(n) to consider all matters that are brought before it and to take action within the powers conferred upon the senate by this Act;
(o) to make recommendations to the board that may be considered appropriate for promoting the interests of the university and for carrying out the objects and provisions of this Act;
(p) to appoint committees that it considers necessary and to confer upon the committees power and authority to act for the senate in and in relation to matters which the senate considers expedient and to appoint other committees that the senate considers expedient to act in an advisory capacity;
(q) to exercise disciplinary jurisdiction with respect to students in attendance at the university, by way of appeal from a decision of the faculty council;
(r) to make rules and regulations for the management and conduct of the library; and
(s) to make or alter a rule or regulation touching a matter regarding the university and consistent with this Act or with a law in force in the province.
Certified copy of regulations sent to board
57. A certified copy of every regulation of the senate providing for the matters mentioned in paragraphs 56(h) and (s) shall within 10 days after its passing be transmitted to the board; and that regulation shall not have effect until it is approved by the board, and the board may withdraw its approval at any time and from the date of the withdrawal the regulation to which it relates shall stop having effect.
Restriction on power of senate
58. Nothing in this Act shall be construed to give to the senate power to take an action that imposes financial obligation or liability on the university, or fix or remit fees or charges payable to the university.
59. (1) Each affiliating college or institution shall have a separate and properly equipped department for university students.
(2) The standard of instruction in a given subject at a college or institution affiliating with the university, for which credit at the university is sought shall not be below that of the university.
(3) The students of each affiliating college or institution shall write the examinations set by the university.
(4) Each affiliating college or institution shall have the right to give instruction in philosophy, including psychology, in all 4 years and history, including history of education, in all 4 years.
(5) Each affiliating college or institution shall have the right to give instruction in other subjects for the university credit by negotiations with the senate, subject to the approval of the board and governing body of the affiliating college or institution provided that the number of courses offered by students of that affiliating college or institution towards a degree shall be not more than half the total number of courses of credits required for a degree.
(6) Each affiliating college or institution shall conduct every course of study leading to a certificate, diploma or degree of the university in compliance with the requirements of the senate.
Outside affiliation prohibited
60. An affiliated college or institution shall not enter into an understanding, agreement, federation or affiliation whole or partial, with a college or university other than the university by which it may obtain in that college or university for its students credit in a course leading to a certificate, diploma or degree, except in theology or divinity, granted by that college or university.
61. Nothing in this Act shall be considered to interfere with the management by an affiliated college or institution of its purely internal affairs or with the purely internal discipline of its students.
No restriction on religious education
62. Nothing in this Act shall interfere with the right of an affiliated college or institution to make provision in regard to religious instruction and religious worship for its own students that it considers appropriate, and to require the worship to be observed as part of its own discipline.
63. The financial year of the university shall be the period starting with April 1 in 1 year and ending with March 31 in the next year, both dates inclusive.
Restriction on compulsory religious examinations
64. The university shall not impose on a person compulsory religious examinations or tests or cause or allow to be done anything that would render it necessary or advisable, with a view to academic success or distinction, that a person should pursue the study of a materialistic or sceptical system of logic or mental or moral philosophy.
Prohibition against use of university name, etc.
65. (1) Without the authority of the board a person shall not use or adopt the words "university" or "varsity" either alone or in conjunction with another word as the name of a firm, partnership, corporation, joint stock company or otherwise as a trading name or as the name of a manufactory or of an article or thing offered or to be offered for sale or as the name of an activity, enterprise or undertaking, and a person shall not assume or use the coat of arms or crest of the university, or a design in imitation of it, or calculated to deceive by its resemblance to them.
(2) Without the authority of the board, a person shall not make use of the word "Newfoundland" as a part of the name of a university, school, college, seminary or other institution of learning.
(3) A person who acts in contravention of this section shall be liable upon summary conviction to a fine not exceeding $100 in addition to being liable in a civil action instituted against him or her.
No duty charge
66. A death duty or succession duty shall not be chargeable or payable on a gift, devise or bequest to the university.
Institute of Fisheries & Marine Technology
(1) The university is the successor in law to the
(2) Upon the commencement of this section, the Newfoundland and Labrador Institute of Fisheries and Marine Technology shall become the Fisheries and Marine Institute of the Memorial University of Newfoundland.
(3) Title to all the property and assets of the Newfoundland and Labrador Institute of Fisheries and Marine Technology is vested in the university.
(4) The university is charged with and assumes all of the obligations and liabilities of the Newfoundland and Labrador Institute of Fisheries and Marine Technology.
(5) The university shall, through the Fisheries and Marine Institute established under this section and in accordance with the direction of the board and the senate,
(a) provide degree, diploma, certificate and other programs in the areas of fisheries and marine science and technology;
(b) provide for the upgrading and enhancement of the fisheries and marine labour force, in cooperation with the colleges established or continued under the Colleges Act, 1991;
(c) provide for the sharing of facilities between the Fisheries and Marine Institute, the university and the various colleges established or continued under theColleges Act, 1991; and
(d) provide for applied research and technology transfer.
68. (1) The board shall establish an industry based advisory committee to advise the Fisheries and Marine Institute respecting fisheries and marine related programs offered at the Fisheries and Marine Institute.
(2) The board shall appoint to the advisory committee established under subsection (1) not less than 11 nor more than 15 members to consist of
(a) the Deputy Minister of Fisheries or the representative of the deputy minister;
(b) a full-time student at the Fisheries and Marine Institute;
(c) a representative of the administration of the Fisheries and Marine Institute;
(d) 8 persons from the fishing and marine industries or related organizations; and
(e) those other persons that the board may determine.
(3) The board shall designate 1 of the members appointed under subsection (2) as chairperson of the advisory committee and another member as vice-chairperson of the advisory committee.
(4) The board shall establish the terms of appointment of members of the advisory committee so that there is a continuity in membership of the advisory committee.