BILL NO. 44

1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000

Private Bill

Acadia University Act
(amended)

Mark Parent
Kings North

First Reading: April 17, 2000

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1

(a) gives the Act a short title; and

(b) adds a definition to the Act.

(a) changes the name of the body corporate created by the Act from "Governors of Acadia University" to "Acadia University"; and

(b) changes the name of the governing body of Acadia University from Board of Governors of Acadia University to Board of Trustees of Acadia University.

Clause 3 makes an amendment that is necessary as a result of the amendment made by Clause 2.

Clause 4 makes an amendment that is necessary as a result of the amendment made by Clause 2.

Clause 5 changes the composition of the governing body of the University.

Clause 6 makes an amendment that is necessary as a result of the amendment made by Clause 2.

Clause 7 eliminates the Executive Committee of the Board and establishes certain offices of the Board of Trustees.

Clause 8 makes amendments that are necessary as a result of the amendment made by Clause 2.

Clause 9 provides that Clause 7 has effect on and after October 1, 2000.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 134 of the Acts of 1891, An Act respecting Acadia University, is amended by

(a) renumbering Section 1 as 1B; and

(b) adding immediately before Section 1B the following Sections:

1 This Act may be cited at the Acadia University Act.

1A In this Act, "Board of Trustees" means the Board of Trustees of Acadia University.

2 Chapter 134 is further amended by adding immediately after Section 1B the following Sections:

1C Notwithstanding Section 1B, on and after the coming into force of this Section, the body corporate formerly known as "Governors of Acadia University" is continued as a body corporate consisting of the Board of Trustees under the name "Acadia University".

1D On and after the coming into force of this Section, the Board of Governors of Acadia University is continued under the name Board of Trustees of Acadia University.

3 Section 3 of Chapter 134 is amended by striking out "said governors of Acadia university" in the first line and substituting "corporation hereby constituted".

4 Subsection 8(2) of Chapter 134, as enacted by Chapter 108 of the Acts of 1945, is amended by striking out "Board of Governors" in the first, in the ninth and in the last lines and substituting in each case "corporation hereby constituted".

5 (1) Subsections 10(1) to (3) of Chapter 134 are repealed and the following subsections substituted:

(1) The Board of Trustees consists of

(a) no more than three persons appointed by the United Baptist Convention of the Atlantic Provinces, each of whom holds office for a term of such length, not exceeding six years, as is determined by the Convention;

(b) no more than three persons appointed by the Associated Alumni of Acadia University, each of whom holds office for a term of such length, not exceeding six years, as is determined by the Associated Alumni;

(c) no more than two persons appointed by the Governor in Council, each of whom holds office for a term of such length, not exceeding six years, as is determined by the Governor in Council;

(d) no more than eight persons appointed by the Board of Trustees, each of whom holds office for a term of such length, not exceeding four years, as is determined by the Board of Trustees;

(e) no more than three persons appointed by the Faculty of Acadia University, each of whom holds office for a term of such length, not exceeding three years, as is determined by the Faculty;

(f) no more than two persons appointed by the students of Acadia University, each of whom holds office until a successor is appointed;

(g) the Principal of the Acadia Divinity College;

(h) the President of Acadia University; and

(i) the President of Acadia Students' Union.

(2) Notwithstanding subsection (1), the term of office of each member of the Board of Trustees appointed by the United Baptist Convention of the Atlantic Provinces, the Associated Alumni of Acadia University or the Governor in Council whose term of office expires on September 30, 2003, continues until that date.

(3) Where the term of office of a member of the Board of Trustees expires on September 30, 2000, no person may be appointed to succeed that member nor may that member be re-appointed to that office.

(3A) Where a vacancy in the membership of the Board of Trustees occurs on or after October 1, 2000, but on or before September 30, 2003, no appointment may be made to fill the vacancy if the appointment would result in the constitution of the Board of Trustees not being the same as prescribed by subsection (1).

(2) Subsections 10(5) and (6) of Chapter 134 are repealed.

(3) Subsection 10(9) of Chapter 134, as enacted by Chapter 99 of the Acts of 1986, is amended by adding ", except that a person appointed by the Board of Trustees may not be re-appointed to the Board until the expiration of one year after that person's term of office expires" immediately after "re-elected".

6 Section 11 of Chapter 134 is amended by striking out "governors" in the first line and substituting "members".

7 Section 11A of Chapter 134 is repealed and the following Section substituted:

11A (1) There shall be the following officers of the Board of Trustees, namely the Chair, the Vice-chair and the Secretary appointed by the Board of Trustees.

(2) An officer of the Board of Trustees holds office for a term of two years and, subject to subsection (3), may be re-appointed.

(3) No person may hold one office of the Board continuously for more than four years.

8 Chapter 134 is further amended by striking out "board of governors", "Board of Governors", except in subsection 8(2), and "Board" wherever they appear and substituting in each case "Board of Trustees".

9 Section 7 has effect on and after October 1, 2000.