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Royal Roads University Act

[RSBC 1996] CHAPTER 409

Contents
1Definitions
2Purposes
2.1Best interests of university
3Royal Roads University
4Composition of convocation
5Composition of the board of governors
5.1Persons not eligible
6Term of office on the board
7Removal from office
8Vacancies on the board
9Meetings of the board
10Powers and duties of the board
11Chancellor
12President
13Registrar
14Program and research council
15Academic council
16Application of the University Act
17Taxation
18Protection against action
19 Offence Act does not apply

Definitions

1  In this Act:

"academic council" means the academic council under section 15;

"board" means the board of governors of the university;

"chancellor" means the chancellor under section 11;

"convocation" means the convocation of the university;

"president" means the president of the university;

"professor" means an instructor or researcher employed at the university and recognized by the board as a professor for the purposes of this Act;

"program and research council" means the program and research council under section 14;

"registrar" means the registrar of the university;

"student" means a person who is enrolled in a credit course at the university;

"university" means the Royal Roads University continued by this Act.

Purposes

2  The purposes of the university are

(a) to offer certificate, diploma and degree programs at the undergraduate and graduate levels in solely the applied and professional fields,

(b) to provide continuing education in response to the needs of the local community, and

(c) to maintain teaching excellence and research activities that support the university's programs in response to the labour market needs of British Columbia.

Best interests of university

2.1  In carrying out the purposes of the university, the members of the board of governors of the university must act in the best interests of the university.

Royal Roads University

3  (1) Royal Roads University is continued as a corporation and is composed of the board and convocation.

(2) The university has the powers and capacity of a natural person of full capacity.

(3) The university is an agent of the government for the purpose of leasing land for use as a campus for the university.

(4) The university has the power in its own name to grant degrees and to award certificates and diplomas established in accordance with this Act.

(5) The Business Corporations Act does not apply to the university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the university.

(6) The employees of the Royal Roads University Society, on and after July 14, 1995, continue as employees of the university.

Composition of convocation

4  (1) The convocation of the university is continued and is composed of

(a) the chancellor, who is chair of the convocation,

(b) the president,

(c) the members of the program and research council,

(d) the professors,

(e) graduates of the university, and

(f) persons whose names are added to the roll of the convocation by the board.

(2) Ten members of the convocation constitute a quorum for the transaction of business.

(3) A meeting of the convocation may be held for the purposes of conferring degrees, including honorary degrees, for awarding diplomas and certificates of proficiency granted by the university and for additional purposes the board may specify.

(4) The registrar is the secretary of the convocation and must establish and keep up to date the roll of the convocation.

(5) The convocation may establish a fee to be paid by its members to defray the necessary expenses of the convocation.

(6) The board may make rules governing the procedure for the transaction of business by the convocation.

Composition of the board of governors

5  The board of governors of the university is composed of

(a) the president,

(b) a professor elected by the professors,

(c) up to 6 persons appointed by the Lieutenant Governor in Council,

(d) a student elected by the students,

(e) an employee, who is not a professor, elected by the employees of the university who are not professors, and

(f) up to 2 persons, who are not employees of the university, appointed by the board.

Persons not eligible

5.1  A person is not eligible to be or to remain a member of the board if the person is

(a) an employee of the university, and

(b) a voting member of the executive body of, or an officer of, an academic or non-academic staff association of the university who has the responsibility, or joint responsibility with others, to

(i)   negotiate with the board, on behalf of the academic or non-academic staff association of the university, the terms and conditions of service of members of that association, or

(ii)   adjudicate disputes regarding members of the academic or non-academic staff association of the university.

Term of office on the board

6  (1) An appointed member of the board, other than the president, holds office for a term of up to 3 years as specified in the appointment.

(2) An elected member of the board, other than one elected by the students, holds office for a term of 3 years.

(3) A member of the board elected under section 5 (d) holds office for one year.

(4) Despite subsections (1) to (3), a member elected or appointed under section 5 (b), (c), (d), (e) or (f) continues in office until a successor is elected or appointed.

(5) The president continues as a member of the board for so long as the president continues in office.

Removal from office

7  (1) Despite section 6 (1), the Lieutenant Governor in Council may, at any time, remove from office a member of the board appointed under section 5 (c).

(2) Despite section 6 (1), the board may, at any time by a 2/3 majority of its members, remove from office a member of the board appointed under section 5 (f).

(3) Unless excused by resolution of the board, a member is deemed to have vacated the member's seat if the member has not attended at least 1/2 the number of regular board meetings in a year.

(4) Despite section 6, the Lieutenant Governor in Council may, on a resolution passed by the vote of at least a 2/3 majority of the members of the board, remove from office a member of the board

(a) elected under section 5 (b), (d) or (e), or

(b) appointed under section 5 (c)

if the board is satisfied that the person should be removed for cause.

Vacancies on the board

8  (1) A vacancy on the board that arises because a term in office is not completed may be filled for the balance of the term in the same manner as for the original appointment or election.

(2) A vacancy on the board does not impair the authority of the remaining members of the board to act.

Meetings of the board

9  (1) The board must meet at least once every 3 months and as often as is necessary to transact the business of the board.

(2) Five members of the board constitute a quorum for the transaction of business.

(3) The chair has the same right of voting as the other members of the board, and, in the case of a tie vote on a motion, the motion is lost, and the chair must so declare.

Powers and duties of the board

10  The board has the duties and may exercise the powers of the board of governors or senate of a university under the University Act except those powers and duties given to the president by this Act.

Chancellor

11  (1) The chair of the board is the chancellor of the university.

(2) The president is the vice chancellor of the university.

(3) All degrees of the university are conferred by the chancellor.

President

12  (1) There must be a president of the university, who is its chief executive officer and who must generally supervise and direct the academic work of the university.

(2) Without limiting the generality of subsection (1), the president has power, in consultation with the academic council,

(a) to set academic and other qualifications for admission of students to the university, including the recognition of prior experience,

(b) to set conditions for examinations, including the qualifications that must be met in order to take examinations, and how examinations must be conducted and the results of examinations must be assessed and reported,

(c) within priorities established by the board, to set curriculum content for courses of study, instruction and educational programs,

(d) to award fellowships, scholarships, exhibitions, bursaries and prizes,

(e) to set terms for student withdrawal from courses, programs and the university,

(f) to set academic standards and standards for determining academic standing or grades,

(g) to set criteria for awarding certificates and diplomas and granting degrees, and

(h) to set criteria for recognition of academic excellence.

(3) Without limiting the generality of subsection (1), the president has the power

(a) to recommend appointments, promotions and removal of professors, members of the administrative staff and officers and other employees of the university,

(b) to establish the committees the president considers necessary or advisable, and

(c) to deal with other matters delegated to the president by the board.

(4) The president may delegate a power under subsection (2) to the academic council.

(5) The president is a member of all standing committees of the board except the standing committee on appeals.

(6) Sections 60 to 62 of the University Act apply to the president.

Registrar

13  (1) The registrar must keep the records of the university and perform the duties that the board may require.

(2) The registrar is the secretary of the convocation but has no right as secretary to vote.

Program and research council

14  (1) The program and research council consists of

(a) the president, who is its chair,

(b) the chair of the academic council, and

(c) other members appointed to the council by the board.

(2) At least 2/3 of the members of the program and research council must not be employees of the university.

(3) The program and research council advises the board on instructional program and research priorities, program objectives and desirable learning outcomes.

Academic council

15  (1) Subject to subsection (4), the registrar, after consulting representative groups of professors, students and other employees of the university, must establish the size and composition of the academic council and the length of term that a member may serve on the academic council.

(2) Subject to subsection (4), the academic council consists of persons elected in a manner specified by the registrar to represent professors, students and other employees of the university.

(3) At least 1/2 of the members of the academic council, not counting members appointed under subsection (4), must be professors.

(4) The president may appoint one or 2 additional members to the academic council and set the length of term they are to serve and, if an appointment is made under this subsection, the size and composition of the academic council change accordingly.

(5) The role of the academic council is to consult, as described in section 12, with the president and to exercise powers delegated to the academic council under section 12 (4).

Application of the University Act

16  Sections 29, 30, 31, 33, 48, 49, 50, 52, 53, 57, 58, 70,  70.1 and 71 of the University Act apply to the university.

Taxation

17  The university is not liable to taxation except to the extent that the government is liable.

Protection against action

18  (1) No action for damages because of anything done or omitted in good faith under this Act

(a) in the performance or purported performance of any duty, or

(b) in the exercise or purported exercise of any power

may be brought against a member of the board, the academic council, the program and research council or a committee established by the board or against an officer or employee of the university.

(2) Subsection (1) does not absolve the university from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

Offence Act does not apply

19  Section 5 of the Offence Act does not apply to this Act or a regulation made under it.