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Northern Ontario School of Medicine University Act, 2021

ONTARIO REGULATION 152/22

GENERAL

Consolidation Period:  From April 1, 2022 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

Objects, Etc.

1.

Objects

2.

Special mission

3.

Degrees, etc.

Board of Governors

4.

By-laws respecting elections, etc.

5.

Term of office

6.

Loss of eligibility

7.

Renewal of term

8.

Vacancies

9.

Quorum

10.

Chair, vice-chair

11.

Powers and duties of the board

12.

Remuneration

13.

Conflict of interest

Senate

14.

By-laws respecting elections, etc.

15.

Senate election

16.

Term of office

17.

Loss of eligibility

18.

Renewal of term

19.

Vacancies

20.

Quorum

21.

Powers of senate

Chancellor

22.

Chancellor

Transitional Matters

23.

First board and senate

24.

Student credits and marks

25.

Property, obligations, contracts, etc

26.

Graduating students

 

Objects, Etc.

Objects

1. The objects of the University are,

(a) to provide undergraduate and post-graduate medical health education and other programs and, in doing so, advance the highest quality of learning, teaching, research and professionalism;

(b) to shape the medical profession and allied health services in a way that improves their responsiveness to the distinct needs of rural, remote, Indigenous and Francophone communities; and

(c) to contribute to the advancement of healthcare in northern Ontario by facilitating student appreciation of the opportunities for quality educational and professional careers in northern Ontario.

Special mission

2. It is the special mission of the University to provide programs that are innovative and responsive to the needs of individual students and to the unique healthcare needs of the people of northern Ontario and other northern regions of Canada, which includes people living in rural, remote, Indigenous and Francophone communities.

Degrees, etc.

3. The University may confer the following degrees:

1. Doctor of Medicine.

2. Master of Medical Studies.

Board of Governors

By-laws respecting elections, etc.

4. The board shall by by-law determine,

(a) the procedures to be followed in the election or appointment to the board of members referred to in paragraphs 4 to 7 of subsection 6 (1) of the Act;

(b) the eligibility requirements for the election or appointment to the board of members referred to in paragraphs 4 to 7 of subsection 6 (1) of the Act; and

(c) the number of persons, not to be fewer than six, to be appointed under paragraph 7 of subsection 6 (1) of the Act.

Term of office

5. (1) The term of office for a member of the board who is appointed by the Lieutenant Governor in Council shall be as specified in the appointment, and the appointment may be for a fixed term or during pleasure, but in either case the appointment shall not be for a term of more than three years.

(2) The term of office for a member of the board referred to in paragraph 4, 6 or 7 of subsection 6 (1) of the Act shall be not more than three years, as determined by the by-laws of the board.

(3) The term of office for a student member of the board shall be one year.

Loss of eligibility

6. (1) If, during a member’s term of office, a member of the board elected or appointed under paragraphs 4 to 7 of subsection 6 (1) of the Act ceases to be eligible for election or appointment to the board under the same paragraph, the person thereby ceases to be a member of the board.

(2) Despite subsection (1), if a student member of the board graduates during their term of office, the student member may continue to sit as a member of the board for the remainder of their term.

Renewal of term

7. (1) A member of the board is eligible for reappointment or re-election.

(2) Subject to subsection (3), a person elected or appointed to the board under paragraphs 3 to 7 of subsection 6 (1) of the Act may not be a member of the board for more than six consecutive years, but is eligible for reappointment or re-election after one year’s absence from the board.

(3) The board may determine by board resolution that a member may serve for more than six consecutive years if the member is serving as chair of the board.

Vacancies

8. (1) A vacancy on the board occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the board before the end of the member’s term;

(b) the appointment of a member who was appointed by the Lieutenant Governor in Council has been revoked by the Lieutenant Governor in Council;

(c) a member is incapable of continuing to act as a member and the board by resolution declares the membership to be vacated; or

(d) the board by resolution declares a membership to be vacated for failure to attend sufficient meetings, as provided in the by-laws of the board.

(2) If a vacancy occurs on the board, other than a vacancy among the members appointed by the Lieutenant Governor in Council, the board shall,

(a) determine, in accordance with its by-laws, whether or not to fill the vacancy; and

(b) if the vacancy is to be filled,

(i) fill the vacancy within such time period as may be specified in its by-laws, and

(ii) appoint or elect the new member in accordance with the same procedures as applied to the appointment or election of the member being replaced.

(3) The person who fills a vacancy under subsection (2) shall hold office for the remainder of the term of the member the person is replacing, and that period of time shall be included in determining, for the purposes of subsection 7 (2), whether the person has been a member of the board for more than six consecutive years.

(4) If a vacancy occurs on the board among the members appointed by the Lieutenant Governor in Council, the Lieutenant Governor in Council shall appoint a new member to fill the vacancy and, for greater certainty, subsection 5 (1) shall apply to the appointment.

Quorum

9. At a meeting of the board, a quorum is constituted if,

(a) a majority of the current members of the board are present at the meeting; and

(b) a majority of members present at the meeting are members referred to in paragraphs 2, 3 and 7 of subsection 6 (1) of the Act.

Chair, vice-chair

10. (1) The board shall elect annually a chair and at least one vice-chair from among its members who are not students, teaching staff or non-teaching employees of the University, and shall fill any vacancy in the office of chair or vice-chair from among such members.

(2) The chair shall preside over the meetings of the board, and if the chair is unable to act or if the position is vacant, a vice-chair shall act in place of the chair and, if both the chair and vice-chair are unable to act, the board may appoint a member who is not a student, teaching staff or non-teaching employee of the University to act temporarily in their place.

Powers and duties of the board

11. (1) Except for matters specifically assigned to the senate under section 21, the board is responsible for governing and managing the affairs of the University and has the necessary powers to do so, including the power,

(a) to determine the mission, vision and values of the University in a manner that is consistent with the objects and special mission of the University;

(b) to appoint and remove a chancellor;

(c) to appoint and remove the president;

(d) to appoint, promote, suspend and remove members of the teaching staff and non-teaching employees of the University, subject to subsection (2);

(e) to fix the number, duties and salaries and other benefits of the teaching staff and non-teaching employees of the University;

(f) to appoint committees and assign or delegate to them such duties and responsibilities as may be provided in the by-laws adopted by the board, including authorizing them to act on behalf of the board in the matters specified in the by-laws;

(g) to approve the annual budget of the University and to monitor its implementation;

(h) to establish and collect fees and charges for tuition and other services that may be offered by the University or that may be approved by the board on behalf of any organization or group of the University;

(i) to regulate the conduct of students, teaching staff, non-teaching employees and all persons who use the property of the University, including denying any person access to the property;

(j) to determine which body within the University has jurisdiction over any matter; and

(k) to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of any matters referred to in this Regulation as being set out in the board’s by-laws.

(2) The board shall not appoint, promote, suspend or remove a member of the teaching staff or a non-teaching employee of the University, except on the recommendation of the president of the University, who shall be governed by the terms of any applicable commitments and practices of the University.

Remuneration

12. The members of the board shall not be remunerated, but may be reimbursed for reasonable expenses incurred in carrying out the duties of their office.

Conflict of interest

13. (1) A member of the board or of a committee of the board who has a conflict of interest, as defined in the board’s by-laws or in any conflict of interest policies that the board may adopt, with a matter in which the University is concerned shall,

(a) declare the member’s interest as soon as possible and no later than at the first meeting at which the matter is to be considered; and

(b) if required by the board’s by-laws or policies, withdraw from the meeting during the discussion of the matter and not vote on the matter.

(2) Despite subsection (1), a member of the board who is also a member of the teaching staff or a non-teaching employee of the University may take part in discussing and voting on issues concerning general conditions of employment for University employees, unless the discussion and voting deals with the circumstances of the particular employee as an isolated issue, separate and apart from consideration of other employees.

(3) Despite subsection (1), a member of the board who is also a student of the University may take part in discussing and voting on issues concerning students generally, unless the discussion and voting deals with the circumstances of the particular student as an isolated issue, separate and apart from consideration of other students.

Senate

By-laws respecting elections, etc.

14. The senate shall by by-law determine,

(a) the procedures to be followed in the election or appointment to the senate of members referred to in paragraphs 2 to 5 of subsection 7 (1) of the Act;

(b) the eligibility requirements for the election or appointment to the senate of members referred to in paragraphs 2 to 5 of subsection 7 (1) of the Act;

(c) the number of persons to be elected or appointed to the senate under paragraphs 2, 3 and 5 of subsection 7 (1) of the Act; and

(d) the constituencies for each of the groups referred to in paragraphs 2 and 3 of subsection 7 (1) of the Act.

Senate election

15. The senate shall conduct elections of its elected members and shall determine any dispute as to the eligibility of a candidate or as to a person’s entitlement to vote at the election.

Term of office

16. (1) The term of office for a member of the senate elected under paragraph 2 of subsection 7 (1) of the Act shall be one year.

(2) The term of office for a member of the senate elected or appointed under paragraphs 3 to 5 of subsection 7 (1) of the Act shall be,

(a) not more than three years, as determined by the by-laws of the senate; or

(b) if a by-law referred to in clause (a) is not made, one year.

Loss of eligibility

17. (1) If, during a member’s term of office, a member of the senate elected or appointed under paragraphs 2 to 5 of subsection 7 (1) of the Act ceases to be eligible for election or appointment to the senate under the same paragraph, the person thereby ceases to be a member of the senate.

(2) Despite subsection (1), if a student member of the senate graduates during their term of office, the student member may continue to sit as a member of the senate for the remainder of their term.

Renewal of term

18. (1) A member of the senate is eligible for re-election or reappointment.

(2) A person elected or appointed to the senate may not be a member of the senate for more than two consecutive terms, but is eligible for reappointment or re-election after one year’s absence from the senate.

Vacancies

19. (1) A vacancy on the senate occurs if,

(a) a member resigns or ceases to be eligible for appointment or election to the senate before the end of the member’s term;

(b) a member is incapable of continuing to act as a member and the senate by resolution declares the membership to be vacated; or

(c) such circumstances as may be specified in a by-law of the senate exist.

(2) If a vacancy occurs on the senate, the senate shall,

(a) determine, in accordance with its by-laws, whether or not to fill the vacancy; and

(b) if the vacancy is to be filled, fill the vacancy within the time period, and according to the procedures, provided in its by-laws.

(3) The person who fills a vacancy under subsection (2) shall hold office for the remainder of the term of the member the person is replacing.

(4) If the person who fills a vacancy on the senate under subsection (2) is reappointed or re-elected upon the expiry of their term, the person is subsequently eligible for further reappointment or re-election only after one year’s absence from the senate.

Quorum

20. A quorum of the senate consists of a majority of the members of the senate.

Powers of senate

21. The senate has, subject to the approval of the board with respect to the expenditure of funds, the power to determine and regulate the educational policy of the University and, without limiting the generality of the foregoing, has the power,

(a) to make recommendations to the board with respect to the establishment, change or termination of programs and courses of study, schools, faculties, divisions and portfolios;

(b) to make recommendations to the board or the president of the University on the allocation or use of University resources for academic purposes;

(c) to advise the president of the University on staffing needs for academic purposes;

(d) to appoint the associate deans of academic portfolios and the heads of academic divisions, as may be required from time to time;

(e) to determine the curricula of all programs and courses of study, the standards of admission to the University and continued registration therein and the qualifications for degrees, honorary degrees, certificates and diplomas of the University;

(f) to oversee the accreditation of programs and courses of study;

(g) to conduct examinations, appoint examiners and decide all matters relating thereto;

(h) to hear and determine appeals from the decisions of the faculty councils on examinations and on applications for admission;

(i) to award fellowships, scholarships, bursaries, medals, prizes and other marks of academic achievement;

(j) to authorize the chancellor, the vice-chancellor or such other person as may be determined by the senate to confer degrees, honorary degrees, certificates and diplomas on behalf of the University;

(k) to create councils and committees to exercise its powers; and

(l) to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of any matters referred to in this Regulation as being set out in the senate’s by-laws.

Chancellor

Chancellor

22. (1) The board may, in its discretion, decide to appoint a chancellor of the University.

(2) If the board decides to appoint a chancellor, it shall establish an appointment committee to make recommendations to the board as to the person to be appointed chancellor.

(3) The appointment committee shall be composed of such members of the board and senate as may be determined by the by-laws of the board.

(4) The board shall take into consideration the recommendation of the appointment committee when appointing a chancellor.

(5) The chancellor shall hold office for four years.

(6) The chancellor may be reappointed for a further term but shall not hold office for more than two consecutive terms.

(7) If a chancellor is appointed under subsection (1), the president shall be the vice-chancellor of the University.

(8) The chancellor is the titular head of the University and, when authorized by the senate to do so, shall confer all degrees, honorary degrees, certificates and diplomas on behalf of the University.

(9) The board may set out additional duties of the chancellor in the by-laws of the board.

Transitional Matters

First board and senate

23. The first board and the first senate of the University shall, no later than 30 days after the Act comes into force, make by-laws of the board and senate respectively.

Student credits and marks

24. The University shall grant to all of its students and to all former students of the Northern Ontario School of Medicine full recognition for all credits and marks awarded by the Northern Ontario School of Medicine before the day this section came into force, whether the credits and marks were awarded directly by the Northern Ontario School of Medicine or in affiliation with Laurentian University of Sudbury or Lakehead University.

Property, obligations, contracts, etc

25. On the day this section comes into force, all property of the Northern Ontario School of Medicine is vested in the University and the obligations and liabilities of the Northern Ontario School of Medicine together with the benefits and burdens of all its contracts, collective agreements and covenants are assumed by the University.

Graduating students

26. (1) In this section,

“graduating student” means a person who, on the day before this Regulation came into force, was enrolled as a learner at the Northern Ontario School of Medicine in a program leading to a degree to be conferred by Lakehead University or Laurentian University of Sudbury, and whose standing in the program was consistent with the conferral of the degree on or before June 30, 2022.

(2) Despite anything in the Act or this Regulation, and subject to subsection (3), the academic arrangements in place on the day before this Regulation came into force for the completion of a program of study by a graduating student shall continue to be observed by the University, Lakehead University and Laurentian University of Sudbury and, for greater certainty,

(a) the senates of Lakehead University and Laurentian University of Sudbury shall continue to oversee and govern the academic policy and requirements of the degree programs for graduating students; and

(b) Lakehead University and Laurentian University of Sudbury may grant degrees to the graduating students in accordance with those universities’ respective governing statutes.

(3) The academic arrangements referred to in subsection (2) may be varied by agreement between the University and Lakehead University or Laurentian University of Sudbury, as the case may be, and such agreement may relate to all graduating students or to one or more particular graduating students.

(4) The University, Lakehead University, and Laurentian University of Sudbury shall, upon request, provide to each other such information, including personal information, about students that in the opinion of any of them would facilitate the carrying out of their respective functions in respect of graduating students.

27. Omitted (provides for coming into force of provisions of this Regulation).

 

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