Atlantic Baptist University Act, 2008
WHEREAS Atlantic Baptist University prays that it be enacted as hereinafter set forth;
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of New Brunswick, enacts as follows:
1 The following definitions, unless the context otherwise requires, apply in this Act.
"academic staff" means a lecturer, assistant professor, associate professor, or professor of Atlantic Baptist University. (personnel enseignant)
"Board" means the Board of Governors of Atlantic Baptist University. (Conseil)
"by-law" or "by-laws" means a by-law or by-laws passed by the Board of Governors of Atlantic Baptist University. (règlement administratif)
"Chancellor" means the Chancellor of Atlantic Baptist University. (chancelier)
"Convention" means the Convention of Atlantic Baptist Churches, formerly called the United Baptist Convention of the Atlantic Provinces. (Convention)
"Executive Committee" means the Executive Committee of the Board. (comité de direction)
"Governor" means a member of the Board of Governors of Atlantic Baptist University. (gouverneur)
"President" means the President of Atlantic Baptist University. (recteur)
"Senate" means the Senate of Atlantic Baptist University. (Sénat)
"University" or "the Corporation" means Atlantic Baptist University. (Université) (la corporation)
2(1) The Corporation originally incorporated under and by virtue of the Companies' Act of the Province of Nova Scotia, and then by chapter 97 of the Acts of New Brunswick, 1983 and amended by chapter 66 of the Acts of New Brunswick, 1991, and by chapter 87 of the Acts of New Brunswick, 1996, is hereby continued as a body corporate and politic under the name and style "Atlantic Baptist University" and the said Corporation, subject to the provisions of this Act, has, holds, possesses and enjoys all the rights, powers, privileges and immunities of every nature or kind whatsoever which are vested in, and is subject to all the obligations and liabilities imposed upon, the said Atlantic Baptist University as at the commencement of this Act.
2(2) All appointments by the said Corporation in force at the commencement of this Act shall continue and the appointees shall have the same powers and authority as heretofore until rescinded or amended by the Board or by by-law or otherwise.
2(3) All property which at the commencement of this Act was vested in Atlantic Baptist University or any of its predecessors or was held by any person in trust for or for the benefit of Atlantic Baptist University or any predecessor shall, subject to any trust or condition affecting the same, be vested in the University and all contracts or other engagements made in the name of Atlantic Baptist University or any such predecessor and in force at the effective date of this Act shall be binding upon the University.
2(4) All graduates of Atlantic Baptist University shall be deemed to be graduates of the University as herein constituted, and entitled to all the rights and privileges of the same; and all certificates, diplomas and degrees awarded or conferred by Atlantic Baptist College shall be recognized as having been awarded or conferred by the University under a previous name, entitling the bearer to all the rights and privileges of the same as when granted; and all certificates and diplomas awarded by the United Baptist Bible Training School shall be recognized as having been awarded or conferred by the University under a previous name, entitling the bearer to all the rights and privileges of the same as when granted.
3(1) The objects of the University shall be to provide for persons of any race, colour or creed, university education with a philosophy and viewpoint that is Christian.
3(2) The University shall, by the name of "Atlantic Baptist University", have perpetual succession and a common seal.
3(3) Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement of other instrument or document, reference is made
(a) to An Act to Incorporate Atlantic Baptist College, it shall be read, unless the context otherwise requires, as a reference to Atlantic Baptist University Act, 2008;
(b) to Atlantic Baptist College, it shall be read, unless the context otherwise requires, as a reference to Atlantic Baptist University.
4(1) The University may from time to time and at all times hereafter acquire by purchase, lease, gift, devise, bequest, or otherwise, and may hold, possess and enjoy, real and personal property of every nature and kind situated within or without the Province, and especially such lands, tenements, and hereditaments within the Province as may be necessary for use and occupation as University buildings and offices, residences for academic staff, tutors, students, and officers, with gardens or pleasure grounds pertaining thereto, together with all libraries, furniture and fixtures used in connection therewith.
4(2) The University may, for the purposes and benefit of the University or universities to be established and maintained hereunder, sell, lease, alienate, and dispose of any such property for such consideration as may be agreed on.
4(3) The University may solicit and receive gifts, contributions, subscriptions and bequests for its purpose.
4(4) The University may borrow such sum or sums of money from time to time as may be necessary for its purposes, either with or without security, and may mortgage or pledge any or all of its lands, tenements, or hereditaments or any other of its property for securing any sum or sums of money so borrowed, or for securing any part of the purchase-money of any such lands, tenements, or hereditaments.
4(5) The University may borrow or secure the payment of money and execute deeds, agreements, bills of sale, mortgages, bills of exchange, promissory notes and the usual and normal security documentation for the purposes of the Corporation, and, for such purposes may make by-laws delegating to the persons therein named the authority to bind the University in that regard.
4(6) The University may
(a) invest all or any sum or sums of money of or belonging to the University, or given or bequeathed to it in any way authorized so to do by the Board of Governors, and is not limited to investments authorized by law for trustees;
(b) pass on and entrust to a bank or trust company any sum or sums of money belonging to the University to be held, controlled, administered, and dealt with by such bank or trust company in such manner as the Board of Governors may from time to time direct;
(c) lend and invest any such moneys upon the security of any real or personal property.
5(1) The affairs of the University shall be administered by a Board of not less than ten and not more than twenty-five members.
5(2) The Board shall be appointed by the Convention, with consideration to the principle of including representation from faculty, students, and alumni, and, by notice duly given the Convention may revoke such appointment, and the Governors shall be responsible to the Convention and shall report to the Convention in such manner and time as the Convention may direct from time to time.
5(3) The date for the Annual Meeting of the Board shall be determined by the by-laws of the University and notice of the Annual Meeting shall be given not less than thirty days before the date of the meeting.
5(4) The Board shall be responsible for the oversight of and shall by by-law regulate
(a) the management of the financial affairs of the University;
(b) the receipt and disbursement of all its moneys;
(c) the control and management of all its property; and
(d) the transaction of all business relating to property and moneys committed to its care by the Convention or otherwise,
and shall act in accordance with the policies and values of the Convention.
6 The Board may from time to time appoint and, as they shall have occasion, remove the President, the academic staff, and all other officers, agents and servants of the University; such appointments and removals to be made in conformity with the then existing rules, by-laws, and policies of the Board.
7(1) The Board may appoint a Chancellor who shall serve as the honorary head of the University, subject to the will of the Board and term of office as established by by-law.
7(2) The Chancellor, or at the request of the Chancellor, the President, or in the case of a vacancy in the office of the Chancellor, the President, shall confer all degrees or shall designate a person to confer all degrees.
7(3) The Chancellor shall have such other powers and duties as may be delegated to the Chancellor by the Board.
8(1) The President shall be the chief executive officer of the University.
8(2) The President shall be appointed by the Board and, unless otherwise provided by the terms of the President's appointment, shall hold office during the pleasure of the Board.
8(3) Subject to the direction of the Board, acting directly or through the Executive Committee, the President shall have supervision over and the direction of the academic work and general administration of the University and its academic staff, officers and servants, and the students of the University, and shall have such powers and duties as from time to time may be delegated to the President by the Board or by the Executive Committee.
8(4) The President shall be the Vice-Chancellor of the University and as such may perform, subject to the direction of the Board, all or any of the functions or duties of the Chancellor in the event of the absence or disability of, or any vacancy in the office of, the Chancellor.
9(1) There shall be a Senate of the University consisting of such number of persons as the board by by-law may determine or approve, subject to the provisions of subsection (2) and (3).
9(2) The President and the Vice-President (Academic) shall be members of the Senate and shall be Chair and Vice-Chair respectively; the Chair, or in the President's absence the Vice-Chair, shall preside at all meetings of the Senate, and in the absence of both the Chair and the Vice-Chair from any meeting, the Chair or Vice-Chair shall name a Chair for that meeting.
9(3) A majority of the members of the Senate shall be members of the academic staff of the University.
9(4) There shall be representation on the Senate from administrative officers, members of the Board, the Executive Minister of the Convention or designate, the alumni, and from the students of the University.
10 The Senate shall have the following functions, powers and duties:
(a) to determine the requisites for admission and the courses of study for all academic programs;
(b) to examine the qualifications of all candidates for degrees and authorize the conferring of degrees, honorary degrees, certificates and diplomas on properly qualified persons;
(c) to regulate in general all other matters relating to academic departments of the University, subject always to the powers delegated to the President by subsection 8(3);
(d) to make recommendations to the Board on any matter of interest to the University; and
(e) to exercise such other functions, powers and duties as may from time to time be conferred upon it by the Board.
11 Upon dissolution or winding-up of the University the assets of the University shall revert to the Convention.
12(1) The Board may from time to time enact by-laws for the better administration of the University, the Board, and the Senate provided that such by-laws are consistent with the powers and authority provided by this Act.
12(2) The by-laws, and any amendments or additions, thereto passed and duly enacted by the Board shall be entered in a book kept for that purpose and signed by the President as well as the Secretary for the Board.
13 An Act to Incorporate Atlantic Baptist University, formerly known as An Act to Incorporate Atlantic Baptist College, chapter 97 of the Acts of New Brunswick, 1983, is repealed.