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O. Reg. 117/03: WINDING-UP OF THE COLLÈGE D'ARTS APPLIQUÉS ET DE TECHNOLOGIE DES GRANDS LACS

under Ontario Colleges of Applied Arts and Technology Act, 2002, S.O. 2002, c. 8, Sched. F

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Ontario Colleges of Applied Arts and Technology Act, 2002

ONTARIO REGULATION 117/03

WINDING-UP OF THE COLLÈGE D’ARTS APPLIQUÉS ET DE TECHNOLOGIE DES GRANDS LACS

Historical version for the period June 13, 2005 to July 27, 2010.

Last amendment: O. Reg. 353/05.

This is the English version of a bilingual regulation.

Winding-up of the college

1. (1) The Minister may continue the process of winding-up the college known as Collège d’arts appliqués et de technologie des Grands Lacs, which college was established under the Act by section 2 of Ontario Regulation 34/03. O. Reg. 117/03, s. 1 (1).

(2) Except as provided in this Regulation, the board of governors of the college shall take all steps necessary for the orderly winding-up of the college. O. Reg. 117/03, s. 1 (2).

(3) Sections 132, 230, 231 and 243 of the Corporations Act do not apply to the winding-up of the college under this Regulation and for greater certainty, a liquidator shall not be appointed under that Act. O. Reg. 117/03, s. 1 (3).

(4) For the purpose of dealing with the winding-up of the college, a majority of the board of governors constitutes a quorum. O. Reg. 117/03, s. 1 (4).

(5) Any budget established by the board of governors for winding-up of the college and any expenditures approved by it related to the winding-up are subject to the approval of the Minister and the budget shall not be finalized or the expenditures incurred until approved by the Minister. O. Reg. 117/03, s. 1 (5).

(6) The board of governors shall co-operate fully with the Minister or any person acting on behalf of the Minister in planning and implementing the winding-up of the college. O. Reg. 117/03, s. 1 (6).

(7) Subject to the direction of the Minister, the board of governors shall make provisions,

(a) for the retention of the corporate records of the college and of other appropriate records of the college after its winding-up; and

(b) for reasonable access by students and former students of the college to their academic records during and after the winding-up of the college. O. Reg. 117/03, s. 1 (7).

(8) Nothing in this Regulation detracts from the obligations of the board of governors as an employer, including as the employer under the Colleges Collective Bargaining Act and as the employer under any collective agreements negotiated under that Act. O. Reg. 117/03, s. 1 (8).

Composition of board of governors

1.1 (1) Despite section 4 of Ontario Regulation 34/03, the composition and appointment of the members of the board of governors of the Collège d’arts appliqués et de technologie des Grands Lacs shall not be in accordance with that section but shall be in accordance with this section. O. Reg. 323/03, s. 1.

(2) The board of governors of the college shall be composed of no less than three and no more than five members, including the president if there is a president holding office. O. Reg. 323/03, s. 1.

(3) The president of the college is a member of the board by virtue of office and is a voting member of the board. O. Reg. 323/03, s. 1.

(4) All the members of the board, except the president of the college, shall be appointed by the College Compensation and Appointments Council. O. Reg. 323/03, s. 1.

(5) The members of the board appointed by the College Compensation and Appointments Council shall hold office beginning on such date and for such term as may be specified in the appointment and may be reappointed for successive terms by the Council. O. Reg. 323/03, s. 1.

(6) No member of the board appointed by the College Compensation and Appointments Council shall be an employee or a student or a spouse of an employee or student of a college of applied arts and technology. O. Reg. 323/03, s. 1; O. Reg. 353/05, s. 1 (1).

(7) For purposes of subsection (6),

“spouse” means a spouse within the meaning of section 29 of the Family Law Act. O. Reg. 323/03, s. 1; O. Reg. 353/05, s. 1 (2).

(8) Despite anything in this section, any person who was a member of the board immediately before the day this Regulation comes into force shall continue as a member of the board on and after the day this Regulation comes into force and, despite anything in section 4 of Ontario Regulation 34/03, shall do so until such time as the Council makes its first appointment under this section. O. Reg. 323/03, s. 1.

Appointment of administrator

2. (1) After the board of governors has taken all necessary steps to wind-up the college but before the college is dissolved, the Minister may appoint a person to temporarily administer the business and affairs of the college, subject to such conditions and restrictions as the Minister may impose upon the administrator. O. Reg. 117/03, s. 2 (1).

(2) Subject to any conditions or restrictions that the Minister may have imposed, the administrator has all of the powers of the board of governors of the college and may exercise them for the purpose of completing the winding-up of the college. O. Reg. 117/03, s. 2 (2).

(3) The board of governors of the college cannot exercise any of its powers, except powers in respect of matters that are explicitly reserved to it through conditions or restrictions imposed by the Minister on the administrator, while the administrator holds office. O. Reg. 117/03, s. 2 (3).

(4) The Minister may terminate the appointment of the administrator when the Minister is satisfied that the temporary administration of the business and affairs of the college is no longer necessary. O. Reg. 117/03, s. 2 (4).

(5) The administrator shall report to the Minister as required by the Minister and, if any powers in respect of matters are explicitly reserved to the board of governors, to the board of governors on those matters. O. Reg. 117/03, s. 2 (5).

(6) The Minister may issue directions to the administrator with regard to any matter within the jurisdiction of the administrator and the administrator shall carry out the directions. O. Reg. 117/03, s. 2 (6).

(7) No proceeding shall be commenced against the Crown or the Minister with respect to the appointment of an administrator under this section. O. Reg. 117/03, s. 2 (7).

Proceedings against board of governors or administrator

3. (1) No action or other proceeding for damages or otherwise shall be instituted against the board of governors, an individual member of the board of governors or an administrator appointed under section 2 for any act done in good faith in the execution or intended execution of any duty or authority under this Regulation or for any alleged neglect or default in execution in good faith of any such duty or authority. O. Reg. 117/03, s. 3 (1).

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by the board of governors, an individual member of the board of governors or an administrator to which the Crown would otherwise be subject and the Crown is liable under that Act for any such tort in the same manner as if subsection (1) had not been enacted. O. Reg. 117/03, s. 3 (2).