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An Act to Establish and Incorporate a University for the Province of British Columbia Mar 7, 1908

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 1908. University of British Columbia. Chap. 53.
CHAPTEE 53.
An Act to Establish and Incorporate a University
for the Province of British Columbia.
[7th March, 1908.]
WHEREAS it is desirable to establish, in and for the whole Province
of British Columbia, one University, for the purpose of providing facilities for Higher Education in all its branches : ,
Therefore, His Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia, enacts as
follows:—
Short Title.
1. This Act may be cited as the " British Columbia University Act, Short title.
1908."
Incorporation.  .
2. A University, to be called "The University of British Columbia." Incorporation,
consisting of a Chancellor, Convocation, Board of Governors, Senate,
and Faculty or Faculties, is hereby established in the Province as a
body politic and corporate.
Property Powers.
3. The said corporation may  acquire,  by gift, purchase, or  any Property powers.
other manner, and hold for the purposes of the said University, any
and all property, real and personal, of every nature and kind whatsoever; and, subject to the terms of any gift, devise, or bequest of any
property to the University, shall have power to mortgage, sell, transfer,
or otherwise dispose of all its property, real or personal, and to make
and execute all necessary and proper conveyances or transfers for
carrying the same into effect.
303 Chap. 53.
University of British Columbia.
8 Ed. 7
Mortgaged property.
Investments. 4, Tne gai,j Corporation shall have power to invest for the benefit
of the University all or any sums of money belonging to it and
available for investment in any of the following securities: the bonds,
stocks, debentures or securities of the Dominion of Canada or of any
Province thereof; the debentures of any municipality in the Province;
or first mortgages of any freehold property in the Province, or the
purchase of rental-bearing real estate therein; and shall have full power
and authority to take, hold and dispose of any real or personal property
therein for the purposes aforesaid, or lease for a period of not more
than twenty-one years.
5. The said Corporation shall have power to acquire, take and hold
all such property, both real and personal, as shall be bona fide
mortgaged, hypothecated or pledged to it by way of security, or conveyed to it in satisfaction of debts previously contracted or purchased
at judicial sales upon levy for such indebtedness, or otherwise purchased
for the purpose of avoiding a loss to the University in respect thereof
or to the owners thereof.
Real property of the     6. Real property which shall at any time be vested in the University
expropriated. shall not be liable to be entered upon, used or taken by any municipal
or other corporation, or by any person possessing the right of taking
lands compulsorily for any purpose whatsoever; and no power to
expropriate real property hereafter conferred shall extend to such real
property, unless in the Act conferring the power it is made in express
terms to apply to such real property.
Expropriation by
University.
T. The University shall have full power and authority, without the
consent of the owner thereof or of any person interested therein, to
enter upon, take and appropriate all such real property as may be
deemed necessary for the purposes of the University, making due
compensation therefor to the person or persons entitled thereto:
(6.)  In the event of no mutual agreement as to amount of compensation being arrived at within the period of sixty days from
the date of such entry, then in  that  event  the  amount of
compensation shall be fixed and determined by two arbitrators,
one to be appointed by the University and the other by the
party or parties owning the land so taken :
(e.) The two arbitrators so appointed shall have power to appoint
an umpire:
(d.) The provisions of the Arbitration Act shall apply to and govern
such arbitration.
8. All real property which is now, or which hereafter shall be, vested
. the University shall, as far as the application thereof of any Statute
of Limitations is concerned, be in the same position as real property
Application of
tions with reference in the University shall, as far as the application thereof of any Statute
to real property
vested in the Crown for the public uses of the Province.
304 1908. University of British Columbia. Chap. 53.
Instruction.
9. The University shall, so far as and to the full extent which its Instruction,
resources from time to time permit, provide for:
(a.) Such instruction in all branches of liberal education as may
enable students to become proficient in and qualify for degrees,
diplomas and certificates in science, commerce, arts, literature,
law, medicine, and all other branches of knowledge:
(b.) Such instruction especially, whether theoretical, technical,
artistic or otherwise, as may be of service to persons engaged
or about to engage in the manufactures, mining, engineering,
agricultural, and industrial pursuits of the Province of British
Columbia:
(c.) Facilities for the prosecution of original research in science,
literature, arts, medicine, law and especially the applications of
science:
(d.) Such fellowships, scholarships, exhibitions, prizes and rewards
and pecuniary and other aids as shall facilitate or encourage
proficiency in the subjects taught in the University and also
original research in every branch :
(e.) Such extra-collegiate and extra-university instruction and
teaching as may be recommended by the Senate.
Visitor.
10. The Lieutenant-Governor of British Colu m bia shall be the visitor Lieutenant-Gover-
of the University; with authority to do all those acts which pertain to
visitors as to such Lieutenant-Governor shall seem meet.
Convocation.
11. (a.) The first Convocation of the University shall consist of all First Convocation.
graduates  of any University in His Majesty's  Dominions who are
actually residing in the Province two years prior to the date fixed
for the first meeting of Convocation, and who at least six weeks prior
to the said date register themselves as members of such Convocation
as hereinafter provided :
(6.) Twenty-five members to be selected by the Lieutenant-Governor
in Council.
1/8. After the first Convocation, all Convocations shall be composed Subsequent Convo-
of the Chancellor, the Senate, the members of the first Convocation catlons-
and all persons who shall have become graduates of the University.
1«J. (1.) A register shall be kept by the Provincial Secretary, in which Register of persons
he shall enter the names of graduates who are entitled to be members members^f first
of  the  first  Convocation, upon their producing to him satisfactory Convocation.
proof of their qualification under section 11, and upon the payment of
305 Chap. 53.
University of British Columbia.
8 Ed. 7
Application of fees.
the fee of two dollars and subject to the provisions of this Act. The
register of the name of any person shall be conclusive proof that such
person is a member of the Convocation and is entitled to vote as such:
(2.) The fees paid to the Provincial Secretary under this section
shall be transmitted by him to the Treasurer of Convocation, upon
appointment of the latter:
(3.) Convocation shall have power of requiring a fee to be paid by
its members to defray necessary expenses of Convocation.
(4.) The register referred to in this section shall be delivered to the
Fees to defray expenses of Convocation.
Register to be delivered to Registrar „     .  , » ,,     TT   . .. . . . ,
on his appointment. Registrar of the University on his appointment.
Time and place of 14. The date and place of the first meeting of Convocation shall be
ConvooTtim? ° fixed by the Lieutenant-Governor in Council, of which not less than
three months' notice shall be given in the British Columbia Gazette.
Time and place of 15. After the first meeting, Convocation shall meet at such times
quent'convocations. an(^ places and with such notice as may be fixed by Convocation by
regulations in that behalf, and also when convened by the Senate.
Extraordinary meetings of Convocation.
Notice of extraordinary meeting
of Convocation.
Quorum.
16. An extraordinary meeting of Convocation shall be called by
the Chancellor on the requisition of ten members; and such requisition
shall state the object or objects of the meeting to be called, and no
matter shall be discussed at such meeting except the matter or matters
for which it was convened.
17. At least twenty days' notice of every extraordinary meeting of
Convocation shall be given in writing to each member whose address
is known, and the object or objects of such meeting shall be clearly
stated in such notice.
18. No question shall be decided at any meeting of Convocation
unless at least fifteen members are present, and all questions shall be
decided by a majority of the members present.
Senate to make pro-      19. The Senate, when fully constituted, shall provide a proper place
of Convocation.        for  the meetings of Convocations and the proceedings of any such
meeting shall be transmitted to the Senate without delay.
Officers of Convocation.
Functions of Convocation.
20. The elective officers of Convocation shall be a Secretary, a
Treasurer and an Executive Council of five members, all of whom
shall be elected annually, in such1 manner as Convocation may
determine.    The Chairman shall be the Chancellor of the University.
21. The functions of Convocation shall be chiefly elective, but it
shall be competent for Convocation to consider all questions affecting
the well-being and prosperity of the University, and to make representations from time to time on such' questions to the Senate, which
shall consider the same and return to Convocation its conclusions
thereon.
306 1908. University of British Columbia. Chap. 53.
Board of Governors.
2/8. There shall be and there is hereby constituted a Board for Board of Governors,
the University, under the name of " The Board of Governors of the
University of British Columbia."
23. The Board shall consist of the Chancellor, who shall be chair- Members and Chairman thereof, and the President of the University, both of whom shall Governors.
be, ex-officio, members thereof, and nine persons appointed by the
Lieutenant-Governor in Council.
24. No person shall be eligible for appointment as a member of the Qualifications for
Board unless he is a British subject and a resident of the Province of
British Columbia.
25. In the event of the disability or absence from the Province of Acting Chairman of
the Chairman, the Board of Governors of the University may appoint
one" of the members of the Board Acting Chairman during such
disability or absence.
26. Five members of the Board shall constitute a quorum for the Quorum,
transaction of business.
21. Notwithstanding any vacancy in the Board, so long as there Vacancies, offect of.
are at least six members it shall be competent for the Board to exercise
any or all of its powers.
28. The appointed members of the Board, except those who shall Term of office,
first be appointed after the passing of this Act, shall hold office for six
years.
29. Of the first appointed members of the Board, three shall be Term of office of
appointed and hold office for two years, three for four years, and the members,
remaining three for six years, and all of them until their successors
are appointed.
30. The  appointed  members of the  Board  shall  be eligible for Reappointment,
reappointment.
31. Any appointed member of the Board may be removed from Removal,
office at any time by the Lieutenant-Governor in Council.
32. In the case of a vacancy in the Board caused by death, insanity, Vacancies,
resignation, residence without the Province, or otherwise, which shall
happen before the term of office for which a member has been appointed
has expired, a declaration of the existence of such vacancy shall be
entered upon the minutes of the Board, and shall be conclusive evidence
thereof.
307 Chap. 53. University of British Columbia. 8 Ed. 7
Filling vacancies. 33. The vacancy shall be rilled by the appointment, by the Lieu
tenant-Governor in Council, of a successor to the member who has
died or resigned or otherwise ceased to be a member, who shall hold
office for the remainder of the latter's term of office.
Persons ineligible as 34. No appointee (other than the President) of the Board of
Governors of the University, under the powers conferred by section
39, sub-section (/.), shall be eligible to be a member of the Board.
Persons ineligible as     35. No employee in the service of the Education Department, nor
any Principal or Teacher in any High School, shall be eligible to be a
member of the Board.
Persons ineligible as 36, No member of the Executive Council, during his term of office,
shall be appointed or become a member of the Board.
Member of Board to 31. If any member of the Board accepts any of the positions or
if he accepts any ' offices set out in sections 34, 35 and 36, he shall, ipso facto, vacate his
office set out m        appointment as a member of the Board, and a declaration of such
sees. 34, 35, 36. rr '
vacancy  entered  on  the minutes of the Board shall be conclusive
evidence thereof.
Powers of Board, 38. The management, administration and control of the property,
gene   ' revenue, business and affairs of the University are hereby vested in
the Board.
Powers of Board, 39. Without thereby limiting the general powers by this Act con-
speci °" ferred upon or vested in the Board, it is hereby declared that the
Board shall have the following powers :—
(a.) To make rules and regulations appertaining to the meetings of
the Board and its transactions :
(b.) From time to time and at all times to have full and exclusive
power and authority to exercise, in the name and for the benefit
of the University, and as the act and deed of the University, any
or all of the powers, authorities and privileges by sections 3,4,5,
6 and 7 of this Act conferred upon the University as a body
politic and corporate:
(c.) To maintain and keep in proper order and condition such real
property as it may deem necessary for the use of the University,
and to erect and maintain such buildings and structures thereon
as in its opinion are proper and necessary:
(d.) To lay out and expend such sums as may be deemed necessary
for the support and maintenance of the University and for the
betterment of existing buildings, and the erection of such new
buildings as the Board may deem necessary for the use or purposes of the University, and for the furnishing and equipment
of such existing and newly erected buildings:
308 1908. University of British Columbia. Chap. 53.
(e.) To lay out and expend such sums as it may deem expedient for
the erection, equipment, furnishing and maintenance of residences and dining-halls for the use of the students of the
University, whether such students be graduates or undergraduates, and to make such' rules and regulations as to the
management, government and control thereof as may seem meet:
(/.) To appoint the President of the University, Deans of all the
Faculties, the Librarian, the Registrar, the Professors, Associate
Professors, Assistant Professors, Lecturers, Instructors, and
other Teachers in the University, and all such officers, clerks,
employees and servants as the Board may deem necessary
for the purposes of the University, and to fix their salaries or
remuneration, and to define their duties and their tenure of
office or employment, which, unless otherwise provided, shall be
during the pleasure of the Board: Provided that no person
shall be appointed a member of the teaching staff of the
University, or of any Faculty thereof, unless he shall first be
nominated for the position to which it is proposed to appoint
him by the President of the University: Provided also, that
no member of the teaching staff of the University or of any
Faculty thereof shall be promoted, and no member of such
teaching staffshall be removed, except upon the recommendation
of the President of the University; but this proviso shall not
apply when there is a vacancy in the office of President:
(g.) To provide for the establishment and maintenance of such
faculties, departments, chairs, exhibitions, scholarships, prizes
and courses of instruction in any subject, except theology, as
to the Board may seem meet:
(h.) To fix and determine on the recommendation of the Senate
the fees to be paid for post-graduate instruction, and for
instruction in the faculties of the University to be paid by
regular and occasional students, library fees, laboratory fees,
and for examinations, degrees and certificates, as may be
deemed advisable:
(i.) To enter into such arrangements with the governing body of
any secondary school as the Board may deem necessary for
the purpose of or in connection with the academic work of
the University, or of any faculty or department thereof; and
the governing body of any such school, which is a High School,
a Technical School, or a Public School, shall have authority
with the approval of the Lieutenant-Governor in Council, to
make such arrangements with the Board :
(j.) To do and perform all other matters and things which may seem
good, fit and useful for the well ordering and advancement of
the University, the doing of such things not being repugnant to
the provisions of this Act or to any law in force in the Province:
309 Chap. 53.
University of British Columbia.
8 Ed. 7
Estimates of expenditure.
Purchase of lands
and erection of
buildings.
Audit.
Annual roport.
Borrowing powers.
Borrowing monoy to
erect buildings, etc.
Execution of transfers, mortgages, etc.
(k.) To select a seal and arms for the University, and have the sole
custody and use of the seal.
40. The Board shall not incur any liability or make any expenditure
which will have the effect of impairing the financial standing of the
University unless an estimate thereof shall have been first submitted
to and approved by the Lieutenant-Governor in Council.
41. The Board shall not incur any liability or make any expenditure
for the purchase of lands or the erection of buildings without the
approval of the Lieutenant-Governor in Council.
458. The accounts of the Board shall be audited at least once a year
by the Provincial Auditor, or by some person appointed by the
Lieutenant-Governor in Council for that purpose.
43. The Board shall make an annual report of its transactions to
the Lieutenant-Governor in Council, in which shall be set forth in
detail the receipts and expenditures for tho year ending on the preceding thirtieth day of June, and such other particulars as the
Lieutenant-Governor in Council may from time to time require.
44. The Board may by resolution authorise its Chairman and the
Registrar to borrow from any person, bank or corporation such sum of
money as may be required to meet the expenditures of tho University
until such time as the revenues for the current year are available; and
such loan shall be repaid out of, and shall be a first charge upon, such
revenues, and may be secured by the promissory note or notes of the
Chairman and Registrar, given on behalf of the University.
45. (1.) In the event of its being necessary for the University to secure
a loan of money for the purpose of purchasing or otherwise acquiring
any real property for the uses of the University, or for the purpose of
erecting, repairing, adding to, furnishing or equipping any building
for the uses of the University, it shall be lawful for the Lieutenant-
Governor in Council to sanction the loan.
(2.) The Board is hereby authorised and empowered to make and
enter into any agreement which it may deem necessary for carrying
out the purposes mentioned in this section, and to make and execute
in the name of the University all such agreements, deeds and other
instruments as may be deemed necessary to carry into effect the
provisions of any such agreement.
46. All transfers, mortgages, or other instruments or documents
required to be in writing and to which the University is a party, shall
be deemed to be properly executed by the University if the corporate
name and seal of the Univei'sity is affixed thereto by the Registrar or
acting Registrar, and such corporate name and seal are immediately
310 1908. University of British Columbia. Chap. 53.
followed on the same page by the official signatures of the Registrar
or acting Registrar, and the Chairman or acting Chairman of the
Board.
4T. The property, real and personal, vested in the University, being Exemption from
actually occupied or used by the University in the conduct of any part
of its educational system, shall not be liable to taxation for Provincial,
Municipal or School purposes, but shall be exempt from every description of taxation.
48. An action shall not be brought against the University or against Actions against the
any member of the Board of Governors on account of anything done
or omitted by him in the execution of his office, without first obtaining
the written consent of the Attorney-General to the bringing of such
action.
49. If any question shall arise as to the powers and duties of Decisions as to
Convocation, the Chancellor, the President, the Senate, the Faculties, or ^ors of Convoca-
any officer or servant of the University, the same shall be settled and
determined by the Board, whose decision shall be final.
50. Women may be members of the Board and the Senate. Women may be
members of Board
Advisory Boards. and Senate.
51. The Board may from time to time appoint advisory boards, Advisory Boards,
consisting, cither wholly or partly, of persons unconnected with the
University, upon such terms and for such purposes as the Board may
consider advisable, and may refer to them for advice, and report any
subject or matter in the Board's opinion requiring to be so dealt with ;
and such advice and report shall be duly considered and weighed by
any body in the University to which the Board direct such advice to
be given or report to be made.
The Chancellor.
53. There shall be a Chancellor of the University, who shall be Chancellor,
elected by the Members of Convocation in the  manner hereinafter
provided,  and  who  shall  hold office for three years and until his
successor is elected, but a retiring Chancellor shall be eligible for
re-election.
53. (1.) In the case of a vacancy in the office of Chancellor by death, Vacancy in office of
resignation or any other cause, before the expiration of his term of     ance or"
office, the vacancy shall forthwith be filled at a special election to
be held for that purpose, and the person elected shall hold office for
the unexpired term of his predecessor.
(2.) Every such special election shall be conducted in the manner
provided for the ordinary triennial election, and due notice thereof
shall be given to every member of the Convocation.
311 Chap. 53.
University of British Columbia.
8 Ed. 7
Chancellor to be
Chairman of
Convocation.
Absence of Chancellor.
Composition of
Senate.
Term of office.
Powers of Senate.
54. The Chancellor shall be Chairman of Convocation, and all
degrees shall be conferred by him.
55. In the absence of the Chancellor from any meeting, the
President of the University, for the purpose of such meeting, shall
have and exercise all the powers of the Chancellor.
The Senate.
56. The Senate of the University shall be composed of:—
(a.) The Minister of Education, the Chancellor and the President of
the University, who shall be Chairman thereof:
(b.) The Deans and Professors of each of the Faculties :
(c.) Three members to be appointed by the Lieutenant-Governor in
Council:
(d.) The Superintendent of Education, the Principals of the Normal
Schools:
(e.) One   member   elected  by the  High   School  Principals  and
Assistants who are actually engaged in teaching:
(/.)  One member  elected  by the  Provincial  Teachers'  Institute
organised under sub-section (e) of section (7) of the "Public
Schools Act":
(g.) One member to be elected by the governing body of every
affiliated college or school in this Province:
(/(,.) Fifteen members to be elected by Convocation from the members
thereof.
51. All appointments and elections of members to the Senate shall
be for a period of three years and until their successors are appointed
or elected. Should a vacancy arise from any cause in the case of an
appointed member such vacancy shall be filled by the body possessing
the power of appointment, subject to this Act. In the case of a vacancy
of an elective member, such vacancy shall be filled by the Senate. The
person appointed or elected to fill such vacancy shall hold office for the
remainder of the term.
58. It shall be the duty of the Senate and it shall have power :—
(a.) To provide for the  regulation and conduct of its meetings
and proceedings, including the determining of the quorum
necessary for the transaction of business :
(6.) To provide for the government, management and carrying out of
the curriculum, instruction and  education  afforded by the
University:
(c.) To provide for the granting of and to grant degrees, including
honorary   degrees   and  certificates  of proficiency, except  in
theology:
312 1908. University of British Columbia. Chap. 53.
(d.) To provide for the establishment of exhibitions, scholarships
and prizes:
(e.) To provide for the establishment of any faculty, department,
chair or'course of instruction in the University:
(/.) To consider all courses of study in any and all the faculties
and departments of the University and to fix and determine
the time tables for the lectures and other instruction in the
University which affect more than one faculty:
(</.) To make regulations for the appointment of examiners by the
Faculties, and for the conduct, and results of the examinations
in all faculties:
(h.) To make rules and regulations for the management and conduct
of the library:
(i.) To provide for the preparation and publication of a calendar:
(j.) To provide for affiliation with any college established in Canada
for the promotion of art or science or for instruction in
law, medicine, engineering, agriculture, or any other" useful
branch of learning, and for the dissolution of such affiliation or
the modification or alteration of the terms thereof:
(/c.) To make such recommendations to the Board of Governors as
may be deemed proper for promoting the interests of the
University or for carrying out the objects and provisions of
this Act:
(I.) To deal with all matters reported by the Faculties as affecting
their respective Faculties and to consider and take action upon
all such matters as shall be reported to it by the Board of
Governors:
(m.) To appoint scrutineers for the counting of the votes for
Chancellor and for the elective members of the Senate :
(n.) To make or alter any statute touching any matter whatsoever
regarding the University and not inconsistent with the provisions of this Act or with any law in force in the Province.
59. A certified copy of  every statute or other enactment of the Approval of statutes
Senate, providing for any of the matters or things mentioned in clauses ° bonate-
(d) and (e) of the next preceding section, shall, within ten days
of the passing thereof, be transmitted to the Board of Governors,
and no such statute or enactment shall have force or effect until it has
been approved by said Board.
60. All statutes of the Senate shall have the corporate seal of the Verification of
University affixed thereto, and they shall be binding in accordance s a u es'
with the true intent and meaning thereof.
Election of Cfutncellor and Members of the Senate.
61. The date of the first election under this Act of the Chancellor and First election of
of the elective members of tlie Senate shall be fixed by the Lieutenant- senate. °r &"
313 Chap. 53.
University of British Columbia.
8 Ed. 7
Voting papers.
Governor in Council, of which not less than three months' notice shall
be given in the British Columbia Gazette, and at least five weeks prior
to such date the Provincial Secretary shall send a list of all members
of the first Convocation to each member thereof. •
62. The votes at any election by Convocation shall be given for
the Chancellor and the members of the Senate respectively by voting
papers in the form of the schedule to this Act or to the like effect,
being delivered to the Provincial Secretary at the first election, and to
the Registrar of the University at any subsequent election, at such
time and place as may be prescribed by the Lieutenant-Governor in
Council or by statute of the Senate respectively.
63. Any voting papers delivered, or if sent by mail, received, before
ten o'clock in the forenoon of the day fixed for election, shall be
deemed to be delivered for the purpose of such election.
64. For any election after the first election, the Registrar of tho
University shall in every year in which an election is to take place
prepare an alphabetical list, to be called the Election Register, of the
names and known addresses of all graduates who are entitled to vote
at such election, and such register shall be open to inspection at all
reasonable hours by all members entitled to vote.
Copy of Election 65. At least five weeks prior to the date fixed for the election of
to^ach member of    the Chancellor or members of the Senate, the Registrar shall send a
Convocation. copy of the Election Register to each member of Convocation whose
address is known.
Voting papers may
be delivered by
mail.
Election Register.
66. Any person whose name does not appear in the Election Register
Only persons entered
in Election Register . .
entitled to vote.        shall not be entitled to vote at such election.
Correction of errors
in Register.
Appeal against
decision of Registrar.
Nomination.
61. If any person whose name appears, or ought.to appear, in any
Election Register complains in writing to the Registrar of the University, not later than twenty clear days before the date of any election,
that his name or that of any person which ought to appear therein
has been omitted from such register, or of any error in such name as
it appears therein, or that the name of any person whose name ought
not to be entered in the register appears therein, the Registrar, after
such notice as he may deem necessary to all parties concerned, shall
forthwith examine into the complaint and render such decision as to
him seems proper.
68. The decision of the Registrar shall be subject to appeal to the
President of the University.
69. No person shall be elected as Chancellor or as a member of the
Senate unless he has been nominated as hereinafter mentioned, and
every vote cast for any person not so nominated shall be void.
314 1908. University of British Columbia. Chap. 53.
TO. (1.) For the election of Chancellor and members of the Senate Nomination to be in
the nomination shall be in writing by a nomination paper, which shall
be signed in the case of Chancellor by at least seven persons entitled to
vote, and in the case of a member of the Senate by at least three
persons entitled to vote.
(2.) The Registrar shall forthwith send a written  notice  of  his
nomination to each person duly nominated.
71. The nomination papers shall be delivered at the office of the Delivery of nomin-
Registrar, or, if sent by mail, shall be received by him not later than a Ion Papere-
three weeks prior to the date of the election, and if not so delivered
and received, shall be invalid and not acted upon.
12. Any person who is nominated for the office of Chancellor or as Refusal of nomin-
a member of the Senate may refuse to become a candidate for the a lon'
office for which he shall have been nominated, and he shall be deemed
not to have been nominated, and his name shall not be included in the
list of candidates, if he shall notify the Registrar in writing of his
refusal within four days after the day upon which the time for
nominations shall have expired.
T3. In the   event of only  one candidate  being   nominated  for Case of only one can-
Chancellor, or only so many candidates being nominated for the Senate aJgj °    lng nom'"'
as are required to be elected, such candidate or candidates shall be
deemed to have been elected, and in such cases no voting papers shall
be required to be sent out.
T4. The Registrar shall report to the Senate at its next meeting the Reporting results of
results of any such election. ° eo l0n*
75. In case a poll is necessary it shall be the duty of the Registrar Voting papers,
to send to each member of the Convocation, whose residence is
known, an alphabetical list of the candidates duly nominated,
accompanied by one copy of the form of voting paper in the schedule
of this Act, applicable to the election or elections then next to be held,
and such list and form shall be sent two weeks prior to the date fixed
for the election.
T6. For the first election two persons, to be appointed by the Scrutineers.
Provincial Secretary for that purpose, shall be scrutineers.    For any
election after the first election, it shall be the duty of the Senate to
make such appointments.
77. At ten o'clock of the forenoon of the day fixed for the election,, counting votes.
the voting papers shall be opened by the Registrar of the University
in the presence of the scrutineers.    The Registrar shall examine and
count the votes and keep a record thereof in a proper book to be
provided by the Senate.
315 Chap. 53.
University of British Columbia.
8 Ed. 7
Persons who may be
present when votes
counted.
Placing more than
one name on voting
paper for Chancellor.
Declaration of
results.
Casting vote.
18. Any person entitled to vote at the election may be present at
the opening of the voting papers, and the counting and recording of
the votes.
19. In the event of any elector placing more than one name on his
voting paper for Chancellor, the vote shall be invalid, and if more
names than the number to be elected appear on the voting paper for
members of the Senate the votes shall be counted as votes for the
persons whose names appear thereon in consecutive order, beginning
with the first until the required number is reached, and all other votes
thereon shall be invalid and not be counted.
80. Upon completion of the scrutiny and counting of the votes, the
scrutineers shall declare the result of the election, setting forth the
number of votes cast for every person who has been nominated, and
shall without delay report the same in writing under their hands to
the Senate.
81. In case of an equality of votes between two or more persons,
leaving the election of the Chancellor or of one or more members of
the Senate undecided, the election shall be determined by the Senate
giving the casting vote or votes necessary to decide it at its next
meeting.
Faculties.
82. There shall be such faculties of the University as may be
constituted by the Board of Governors and the Senate, and the Dean
shall be Chairman of the Faculty of which he is Dean.
Powers of Faculties.     83. The powers and duties of the Faculties provided for by the
. preceding section shall be:—
(a.) To make rules and regulations governing their proceedings,
including the determining of the quorum necessary for the
transaction of business:
(b.) Subject to the provisions of this Act, and to the approval of the
Senate, to make rules and regulations for the government,
direction and management of their respective Faculties and the
affairs and business thereof :
(c.) To fix and determine the courses of study, in their respective
Faculties, subject to the approval of the Senate:
( d.) To authorise, subject to approval of Senate, such lecturing and
teaching in their respective faculties by others than the duly
appointed members of the teaching staff thereof, and to prevent  all  lecturing and  teaching not so authorised :
(e.) Subject to the approval of and confirmation by the Senate, to
appoint examiners for and to conduct the examination of the
courses in their respective Faculties, and  to determine the
results of such examinations :
316
Faculties. 1908. University of British Columbia. Chap. 53.
(f.) To deal with and, subject to an appeal to the Senate, to decide
upon all applications and memorials by students and others in
connection with their respective faculties :
(g.) Faculties shall have disciplinary jurisdiction over, and entire
responsibility for, the conduct of all students in their respective Faculties in respect to all matters arising or occurring in
or upon such buildings and grounds as shall be assigned for
their separate use:
(h.) If there be any question as to the proper body to exercise jurisdiction in any matter of discipline which may arise, the same
shall be determined by the Senate, whose decision shall be
final:
(i.) To consider and report to the Sen'ate upon such matters affecting their respective Faculties as to them may seem meet:
(j.) Generally to deal with all such matters as may be assigned to
them by the Board or by the Senate, provided that in the latter
case such matters fall within the powers conferred upon the
Senate by this Act.
84. A copy  of every general  rule or regulation made by the Coming into force of
Faculties shall be transmitted to the Senate,  and  no such  general Faculties.6 y
rule or  regulation shall have any force or effect until it has been
approved by said Senate.
85. The Faculties may advise the President in all matters affecting Advisory functions
e academic interests of the University,
dent shall not be subject to their control.
the academic interests of the University, but the powers of the Presi-
The President.
86. There shall be a President of the University who shall be the President of the
Chief Executive Officer thereof, and shall have general supervision of Univer31tv-
and direction over the academic work of the University and the
teaching staff thereof and the officers and servants employed in or in
connection with such work, including the Registrar of the University,
and shall have such other powers and perform such other duties as from
time to time may be conferred upon or assigned to him by the Board.
81. Tlve President shall be ex-officio a member of all Faculties, Dean offices to bo held by
of the Faculty of Arts, Chairman of the Senate, and in the absence of the President,
the Chancellor he shall be Chairman of Convocation and confer degrees.
88. It shall be the duty of the President and he shall have power:— Powers of the
(a.) To suspend any member of the teaching staff of the University
and any officer or servant thereof.    When he shall exercise
such power he shall forthwith report^ his action to the Board
of Governors with a statement of his reasons therefor :
317 Chap. 53.
University of British Columbia.
8 Ed. 7
(b.) To make recommendations to the Board of Governors respecting
all appointments to and promotions in and removals from the
teaching staff of the University, or any of the officers and
servants thereof :
(c.) To summon meetings of any Faculty whenever he may deem
it necessary to do so, and at his discretion convene joint meetings of all the Faculties or any two or more of them.
Enumerated powers     89. The  enumeration of the express   powers  mentioned in sub-
powers of President, sections (a) to (c), inclusive, shall not be taken to limit the general
powers conferred by section 86.
Reports by President.
Registrar of
University.
Term of office.
Acting Registrar.
Affiliation of Normal School with
University.
The University to be
Non-sectarian.
90. The President shall report annually to the Board and the Senate
upon the progress and efficiency of the academic work of the University,
and as to progress and requirements, and make such recommendation
thereon as he may deem necessary, and he shall also report upon any
matter  which  may  be  referred  to  him  by the  Board or  by  the
Senate.
The Registrar.
91. There shall be a Registrar of the University, to be appointed
by the Board of Governors, and it shall be his duty to keep all necessary
records and accounts, and to perform such other duties as may be
required  of  him  by  the  Senate,  or  Board  of Governors.
92- The Registrar shall hold office during the pleasure of the Board
of Governors, and in the event of disability or absence from the
Province of the Registrar, the said Board may appoint some other
person to act as Registrar during such disability or absence.
93. The acting Registrar shall, during such disability or absence,
perform the duties and have all the powers of the Registrar.
Affiliation of Normal Schools.
, 94. Any Normal School organised by the Department of Education
/for the instruction and training of teachers in the science of education
/and the art of teaching may be affiliated with the University, upon
such terms and conditions, not repugnant to any law or system of
' education in force in the Province, as the Senate may think fit,
provided that the terms and conditions of the affiliation of any such
Normal School shall be subject to the approval of the Lieutenant-
Governor in Council.
The University to be Non-sectarian.
95. The University shall be strictly non-sectarian in principle, and
no religious creed or dogma shall be taught:
(a.) No religious test shall be required of any professor, teacher,
lecturer, or student or servant of  the University,  nor shall
318 1908. University of British Columbia. Chap. 53.
religious observances, according to the forms of any particular
religious denomination or otherwise, be imposed on them or any
of them, but the Senate may make regulations touching the
moral conduct of the students :
(b.) Nothing herein contained shall interfere with the right of any
affiliated College to make such provision in regard to religious
instruction and religious worship for its own students as it may
deem proper, and to require the same to be observed as a part
of its own discipline.
Affiliated 'Theological Colleges.
96. Every incorporated theological college hereafter affiliated with Degrees conferred by
the University may, notwithstanding such affiliation, have power to Colleges,
confer the degree of Bachelor of Divinity, provided that such candidate for such degree must be a graduate of some one faculty of the
University of British Columbia or of some other University recognised
for that purpose by the University of British Columbia.
Education of Women.
91. The Senate shall make all provision for the education of women Education of
in the University, in  such  manner as it  shall deem   most  fitting; women' *
provided, however, that no woman by reason of  her sex shall be
deprived of any advantage or privilege accorded- to male students of
the University.
Attendance and Enrolment of Students.
98. All students proceeding to any degree (except in cases for which Attendance and
special provision shall be made) shall be enrolled in the University.     student"*
99. Persons who have not received their instruction in the University, Senate may admit
or in any affiliated College or Institution, may be admitted as candi- have'notbeen°
dates for examination for standing or for any degrees, honours, scholar- students of the
ships or certificates of proficiency authorised to be granted or conferred
by the University, on such conditions as the Senate may from time to
time determine.
100. No student enrolled in any affiliated College or Institution Requirements for
shall be permitted to present himself for any  University  examina- examinations,
tion subsequent to that of matriculation, without producing a certificate
that he has complied with the requirements of such affiliated College or
Institution affecting his admission to such examination.
101. The Senate, under such conditions as it may from time to time Senate may grant
stermine, may, upon applic
g certificates of having
thereon as it may think fit.
determine, may, upon application in that behalf, allow to persons hold- certain standing to
ing certificates of having passed other examinations, such standing certain certificates.
319 Chap. 53.        University of British Columbia.
Instruction in Arts.
8 Ed. 7
Instruction in arts.
Endowments.
Repealing clause.
102. Instruction in arts in the University (except post-graduate
instruction) shall be free to all regular students matriculated in the
University, and who enter their names with the Registrar of the
University, also to students enrolled in an affiliated Normal School;
but this provision shall not include exemption from laboratory fees.
Endowments.
103. Any person or Corporation may, with the approval of the
Senate, found one or more professorships, lectureships, fellowships,
scholarships, exhibitions, prizes or other rewards in the University, by
providing a sufficient endowment in land or other property and
conveying the same to the University for such purposes, and every
such endowment of lands or other property shall be vested in the
University for the purpose or purposes for which it is given.
104. Chapter 188 of the Revised Statutes of 1897, being "An Act
respecting the University of British Columbia," is hereby repealed.
320 1908. University of British Columbia. Chap. 53.
SCHEDULE 1.
(Sections 75, 77.)
Voting Paper.
(Name of Place and Bate.)
To the Registrar of the
University of British Columbia :
Sir,—I hereby notify you that I vote for the following person as
Chancellor for the University of British Columbia, namely:
and  for the following persons as members of the Senate of such
University, namely:
Name of Voter.
(Statement for information of voter which may be detached.)
The offices to be filled are:
Names of persons whose offices are expiring:
Names of persons nominated:
Date of election:
Directions.
Votes shall be given by voting papers inclosed in envelopes marked
on the outside " ballot papers," which shall be delivered, or if sent by
mail shall be received before ten o'clock of the forenoon of the day
fixed for the election, and every voting paper which is not so delivered
or received as aforesaid shall be invalid.
Registrar.
Address.
victoria, b. c.:
Printed by Rioiiard Wolfrkdbn, I.S.O., V.D., Printer to the King's Most Excellent Majesty.
1908.
321

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