Université de Hearst Act, 2021, S.O. 2021, c. 25, Sched. 28Skip to content
|current||June 3, 2021 – (e-Laws currency date)|
Université de Hearst Act, 2021
S.o. 2021, chapter 25
Consolidation Period: From June 3, 2021 to the e-Laws currency date.
Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor.
Last amendment: 2021, c. 25, Sched. 28, s. 19.
Legislative History: 2021, c. 25, Sched. 28, s. 19.
1 In this Act,
“board” means the board of governors of the University; (“conseil”)
“Minister” means the Minister of Colleges and Universities or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)
“property” includes real and personal property; (“biens”)
“senate” means the senate of the University; (“sénat”)
“University” means the Université de Hearst continued under section 2. (“Université”)
Collège de Hearst continued
2 (1) Collège de Hearst is continued as a corporation without share capital under the name Université de Hearst and shall consist of the members of its board.
Conflict with Corporations Act
(2) In the event of a conflict between a provision of this Act or a regulation made under it and a provision of the Corporations Act, this Act or the regulation made under it prevails.
Note: On the later of the day subsection 2 (2) of this Act comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 2 (2) of the Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2021, c. 25, Sched. 28, s. 19)
Section Amendments with date in force (d/m/y)
2021, c. 25, Sched. 28, s. 19- not in force
3 The University has such objects and special missions as may be prescribed by regulation.
4 The University has all the powers necessary and incidental to its objects, including the power to grant the degrees prescribed by regulation and any other degrees the University may be authorized to grant under the Post-secondary Education Choice and Excellence Act, 2000.
5 (1) The University may affiliate or federate with other universities, colleges, research institutions and institutions of learning on such terms and for such periods of time as the board may determine.
The Laurentian University of Sudbury Act, 1960
(2) Section 27 of The Laurentian University of Sudbury Act, 1960 does not apply to the University.
Board of governors composition
6 (1) There shall be a board of governors of the University composed of the following members:
1. The president of the University, who shall be a member by virtue of office.
2. The chancellor of the University, if one is appointed, who shall be a member by virtue of office.
3. One person appointed by the president of the University from among the vice-presidents or other senior officers of the University.
4. Three persons elected by the teaching staff of the University from among themselves.
5. Two persons elected by the students of the University from among themselves.
6. Two persons elected by the non-teaching employees of the University from among themselves.
7. Five persons appointed by the Lieutenant Governor in Council, who shall not be students, members of the teaching staff or non-teaching employees of the University.
8. Nine other persons who shall be appointed by the board, who shall not be students, members of the teaching staff or non-teaching employees of the University.
Composition and procedures
(2) The board shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.
Powers and duties
(3) The board is responsible for governing and managing the affairs of the University and has the powers and duties prescribed by regulation.
7 (1) There shall be a senate of the University composed of not more than 40 members, including the following members:
1. The following persons who are members by virtue of their office:
i. The president of the University.
ii. The vice-president of the University.
iii. The registrar of the University.
2. Not less than two persons and not more than the number of persons that is one-fifth the total size of the senate, elected by the students of the University from among themselves, as set out in senate by-laws.
3. One person elected by the teaching staff of each teaching unit from among themselves.
4. One person elected by the teaching staff of the University from among themselves.
5. One person, other than the president or chancellor of the University, appointed by the board from among the board members.
6. Such other persons, other than the chancellor of the University, as may be determined by senate by-law.
Composition and procedures
(2) The senate shall comply with any further requirements prescribed by regulation with respect to its composition and procedures.
Powers and duties
(3) The senate is responsible for determining and regulating the educational policy of the University and has the powers and duties prescribed by regulation.
8 (1) Subject to subsection (2), meetings of the board and of the senate shall be open to the public and prior notice of such meetings shall be given to the members and to the public in the manner provided in the by-laws of the board or senate.
(2) The board or the senate, as the case may be, may meet in the absence of the public to discuss a matter of a personal nature concerning an individual or to discuss a confidential matter as determined in accordance with the by-laws of the board or senate.
(3) The board and the senate shall publish their by-laws on the website of the University.
9 A chancellor of the University may be appointed, if the regulations provide for the appointment of a chancellor.
10 (1) There shall be a president of the University appointed by the board in such manner and for such term as the board shall determine.
Powers and duties
(2) The president is the chief executive officer of the University and has supervision over and direction of the academic and general administration of the University, its students, managers, teaching staff and non-teaching employees and such other powers and duties as may be conferred upon or assigned to the president by the board.
11 (1) The University may purchase or otherwise acquire, take by gift, devise or bequest and hold such property as the board considers necessary for the objects of the University, and may mortgage, sell or otherwise dispose of the same as the board, in its absolute discretion, considers appropriate.
Protection from expropriation
(2) Land vested in the University is not liable to be entered upon, used or taken by any person or corporation, and no power to expropriate land conferred after this subsection comes into force shall extend to such land unless the statute conferring the power expressly provides otherwise.
Use of property
(3) The property and the revenue of the University shall be applied solely to achieving the objects of the University.
(4) The funds of the University not immediately required for its purposes and the proceeds of all property that come into the hands of the board, subject to any trusts or conditions affecting them, may be invested and reinvested in such investments as the board, in its absolute discretion, considers appropriate and, except where a trust instrument otherwise directs, such funds may be combined with trust money belonging to various trusts in the care of the board into a common trust fund.
12 The University, if authorized by the by-laws of the board, may, on such terms and in such amounts as the board may approve,
(a) borrow money and give security for money borrowed; and
(b) issue or give bonds, debentures and obligations as security.
Audits and reports
13 (1) The board shall appoint one or more public accountants licensed under the Public Accounting Act, 2004 to audit the accounts, trust funds and transactions of the University at least once a year.
(2) The University shall make a financial report annually to the Minister in such form and containing such information as the Minister may require.
(3) The University shall submit to the Minister such other reports as the Minister may require in such form and containing such information as the Minister may require.
Contracts with Laurentian University of Sudbury, etc.
14 Any contract described as follows that was in effect on the day this section comes into force is subject to the regulations and to any amendments to the contract that may be prescribed by regulation:
1. A contract between the University and Laurentian University of Sudbury.
2. A contract between the University and an entity related to Laurentian University of Sudbury.
3. A contract between the University and any combination of the other parties referred to in paragraph 1 or 2.
No cause of action re enactment of Act, etc.
15 (1) No cause of action arises against the Crown or any of the Crown’s current or former ministers, agents, appointees and employees, or against the University or any current or former members of the board or senate or current or former officers or employees of the University,
(a) as a direct or indirect result of the enactment, amendment or repeal of any provision of this Act; or
(b) as a direct or indirect result of the making, amending or revoking of any provision of a regulation under this Act.
(2) No proceeding, including but not limited to any proceeding in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection.
(3) Without limiting the generality of subsection (2), that subsection applies to a proceeding, including any court, arbitral or administrative proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief or any form of damages or any other remedy or relief, or a claim to be compensated for any losses, including loss of earnings, loss of revenue or loss of profit.
(4) This section does not apply to prevent an application for judicial review.
Not entitled to be compensated
16 Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from anything referred to in subsection 15 (1).
17 (1) Despite anything in this Act, but subject to subsection (2), the persons who were members of the board of governors or members of the senate of Collège de Hearst on the day immediately before the day section 2 of this Act came into force shall, on and after that day, constitute the board and the senate, respectively, of the University.
(2) The board and the senate of the University shall, no later 12 months after the day section 2 of this Act comes into force, appoint or elect such new members of the board and senate as are necessary in order to ensure that the board and senate are constituted in accordance with the requirements of this Act.
18 (1) The Lieutenant Governor in Council may make regulations governing anything necessary or advisable for the effective administration and implementation of this Act, including regulations,
(a) prescribing the objects and special missions of the University;
(b) prescribing the degrees that the University may grant;
(c) governing the board of governors, including regulations,
(i) prescribing the powers and duties of the board,
(ii) governing the composition of the board, terms of office for board members, the filling of vacancies on the board, quorum requirements and conflicts of interest for board members,
(iii) authorizing the board to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);
(d) governing the senate, including regulations,
(i) prescribing the powers and duties of the senate,
(ii) governing the composition of the senate, terms of office for senate members, the filling of vacancies on the senate and quorum requirements,
(iii) authorizing the senate to make by-laws regulating its proceedings and generally for the conduct and management of its activities, including in respect of matters referred to in subclause (ii);
(e) governing the appointment of a chancellor of the University and prescribing the duties of the chancellor;
(f) governing contracts described in section 14, including specifying amendments to any such contract;
(g) defining any term or phrase used in this Act that is not defined in this Act;
(h) respecting any transitional matter the Lieutenant Governor in Council considers necessary or advisable in connection with the continuation of the University by this Act or with the administration or implementation of this Act, including regulations,
(i) governing the composition of the first board of the University and the first senate of the University,
(ii) governing the first by-laws, policies and other instruments of the University,
(iii) governing the recognition of credits and marks awarded to students of the University, and the rights and privileges of those students,
(iv) governing the legal effect of the continuance of the University, including matters concerning the vesting of property and the assumption of obligations, liabilities, and the benefits and burdens of contracts, collective agreements and covenants.
Application to existing property, etc.
(2) If it so provides, a regulation made under subclause (1) (h) (iv) applies in respect of property, obligations, contracts, collective agreements and covenants that existed before the regulation comes into force.
(3) In the event of a conflict between a regulation made under clause (1) (h) and this Act, the regulation prevails.
19 Omitted (provides for amendments to this Act).
20 Omitted (provides for coming into force of provisions of this Act).
21 Omitted (enacts short title of this Act).