An Act to incorporate
Assented to April 3rd, 1963
Session Prorogued April 26th, 1963
|WHEREAS Trent College Limited
by its petition has represented that it was incorporated under The
Corporations Act, 1953 by letters patent bearing date the 9th
day of August, 1960; and whereas the petitioner has prayed for special
legislation changing its name to "Trent University" and providing
for modification of its organization, government and administration
and enlarging and increasing its powers, rights and privileges;
and whereas it is expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with
the advice and consent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
||1. In this Act,
(a) "Board" means the Board
of Governors of the University;
(b) "Chancellor" means the
Chancellor of the University;
(c) "President and Vice-Chancellor"
means the President and Vice-Chancellor of the University;
(d) "property" includes all
property of any kind or nature, both real and personal;
(e) "real property" includes
messuages, lands, tenements and hereditaments, whether corporeal or incorporeal,
and any undivided share thereof and any estate or interest therein;
(f) "Senate" means the Senate
of the University;
(g) "teaching staff" includes
professors, associate professors, assistant professors, lecturers, associates,
instructors, demonstrators, and all others engaged in the work of teaching
or giving instruction or in research;
(h) "University" means Trent
2. -- (1) The persons named
in section 6 and such other persons who may hereafter become members
of the Board are hereby created a body corporate with perpetual succession
and a common seal under the name of "Trent University".
(2) The property of Trent College
Limited is hereby vested in Trent University, and the liabilities of Trent
College Limited, together with the benefits and burdens of all contracts
and covenants of Trent College Limited, are hereby assumed by Trent University.
|(3) Trent College Limited is dissolved
on the day this Act comes into force.
3. The objects and purposes
of the University are,
(a) the advancement of learning
and the dissemination of knowledge; and
(b) the intellectual,
social, moral and physical development of its members and the
betterment of society.
|4. The University has power to
establish and maintain such faculties, schools, institutes, departments,
chairs and courses as the Senate deems necessary and as shall be approved
with respect to finances and facilities by the Board.
||5. The University has power
and authority to grant any and all university degrees and honorary degrees
and diplomas in all branches of learning.
6. The Board of Governors,
until reconstituted in accordance with section 7, shall consist of the
Charles Kenneth Fraser, B.Sc., P.Eng.
W. Donaldson Whyte, M.D., F.R.C.S.
Rev. John Francis Coughlan, B.A.
Norman Joseph Crook, B.A., D.F.C.
Thomas Henry Bull Symons, B.A.,
Walter George Ward, B.Eng., P.
|7. Within twelve months
after the coming into force of this Act, the Board shall be reconstituted
to consist of,
(a) the Chancellor ex
(b) the President and Vice-Chancellor
(c) such number of members,
not exceeding twenty-four, as may be prescribed by the by-laws of the Board,
elected or appointed for a term of up to four years in the manner prescribed
by the by-laws of the Board.
|8. The Board shall elect
a chairman from among its members.
|9. After thirty days notice
to any member of the Board, the Board may, by resolution passed by at least
two-thirds of the total members of the Board by votes cast at a meeting
of the Board, declare vacant the seat of such member.
|10. Except as to such matters
specifically assigned by this Act to the Senate or the councils of the
faculties, as hereinafter referred to, the government, conduct, management
and control of the University and of its property, revenues, expenditures,
business and affairs are vested in the Board, and the Board has all powers
necessary or convenient to perform its duties and achieve the objects and
purposes of the University, including, but without limiting the generality
of the foregoing, power,
to appoint and remove the President and Vice- Chancellor;
to appoint, promote and remove the deans of all the faculties, the senior
administrative officers of the University, including, but without limiting
the generality of the foregoing, the Registrar of the University, the Librarian
of the University, the Bursar of the University and the Secretary of the
Board, the teaching staff of the University and all such other officers,
clerks, employees, agents and servants as the Board deems necessary or
expedient for the purposes of the University, but no person shall be appointed
a dean of any faculty, a senior administrative officer or a member of the
teaching staff of the University or any of the faculties or schools thereof
unless he has been first nominated by the President and Vice-Chancellor,
and no dean of a faculty, senior administrative officer or member of the
teaching staff shall be promoted or removed from office except on the recommendation
of the President and Vice-Chancellor, but this provision does not apply
where there is a vacancy in the office of President and Vice-Chancellor;
to fix the number, duties and salaries and other emoluments of the officers,
clerks, employees, agents and servants of the University;
to appoint an executive committee and such other committees as it deems
desirable, and to delegate to any such committee any of the powers of the
to make by-laws and regulations for the conduct of its affairs, including
the fixing of a quorum, the election or appointment of its members and
the filling of vacancies.
||11. There shall be a Senate
of the University composed of,
(a) the Chancellor ex
(b) the President and Vice-Chancellor
(c) the deans of all faculties
(d) such other persons elected
or appointed in such manner as the Senate determines.
|12. The Senate is responsible
for the educational policy of the University, and, with the approval of
the Board in so far as the expenditure of funds and the establishment of
faculties are concerned, may create such faculties, departments, schools
or institutes or establish chairs as the Senate may determine, may enact
by-laws and regulations for the conduct of its affairs and, without limiting
the generality of the foregoing, has power,
to elect the Chancellor;
to control, regulate and determine the educational policy of the University;
to determine the courses of study and standards of admission to the University
and continued membership therein, and qualifications for degrees and diplomas;
to conduct examinations and appoint examiners;
to deal with all matters arising in connection with the award of fellowships,
scholarships, bursaries, medals, prizes and other awards;
to confer the degrees of Bachelor, Master and Doctor, and all other degrees
and diplomas in all branches of learning that may appropriately be conferred
by a university.
|13. The chairman of the
Senate shall be the President and Vice-Chancellor.
of Arts and
|14. There shall be a council
to be known as the Council of the Faculty of Arts and Science, which shall
the President and Vice-Chancellor ex officio;
the Dean of the Faculty of Arts and Science;
such teaching staff in the Faculty of Arts and Science of the University
and such other officers as shall be defined in the by-laws of the Council
of the Faculty of Arts and Science.
|15. The chairman of the
Council of the Faculty of Arts and Science shall be the President and Vice-Chancellor
or his nominee.
|16. The powers and duties
of the Council of the Faculty of Arts and Science are,
to make rules and regulations for governing its procedures, including the
fixing of a quorum;
subject to the provisions of this Act and to the approval of the Board,
to make rules and regulations for the government, direction and management
of the Faculty of Arts and Science and the affairs and business thereof;
subject to the approval of the Senate, to fix and determine the courses
of study in the Faculty of Arts and Science;
subject to the approval and confirmation of the Senate, to appoint examiners
for and to conduct the examinations of the courses in the Faculty of Arts
and Science and to determine the results of such examinations;
subject to an appeal to the Senate, to deal with and decide on all applications
and memorials by students and others in connection with the Faculty of
Arts and Science;
to consider and report to the Senate upon such matters affecting the Faculty
of Arts and Science as the Council thereof may deem necessary.
|17. There shall be a council
for each of the other faculties and schools of the University, now or hereafter
established, to consist of the dean or director thereof and such of the
teaching staff thereof as defined in the by-laws and regulations of such
councils, and each such council has the same powers and duties, mutatis
mutandis, with respect to its faculty or school as the Council of the
Faculty of Arts and Science has with respect to the Faculty of Arts and
|18.--(1) There shall be
a President and Vice-Chancellor of the University who shall be appointed
by the Board and who, unless otherwise provided by the Board, shall hold
office during the pleasure of the Board.
|(2) The Board may appoint, on the
recommendation of the President and Vice-Chancellor, a Vice-President who
shall act in the absence of the President and who shall have such other
powers and duties as may be conferred upon him by the Board on the recommendation
of the President.
|(3) The President is Vice-Chancellor
and chief executive officer of the University who,
in the absence of or vacancy in the office of Chancellor, shall perform
the functions of the Chancellor;
shall be the chairman of the Senate;
shall supervise and direct the implementation of the educational policy
and general administration of the University, the teaching staff thereof
and the students thereof;
shall have sole authority to recommend academic and senior administrative
appointments, promotions and terminations of appointment; and
shall have such other powers and duties as from time to time may be assigned
to him by the Board.
||19. The Senate shall elect
a Chancellor, who shall be the titular head of the University, who shall
confer all degrees and diplomas and who shall, subject to the will of the
Senate, hold office for three years or until his successor is elected.
|20. No religious test shall
be required of any member of the teaching staff, officer or servant or
agent or of any member of the University, nor shall any religious observance
be imposed upon them by the University.
|21. The University has,
in addition to the powers, rights and privileges mentioned in section 26
of The Interpretation Act, power to purchase or otherwise acquire,
take or receive by gift, bequest or devise and to hold and enjoy any estate
or property whatsoever, whether real or personal, and sell, grant, convey,
pledge, mortgage, hypothecate, lease or otherwise dispose of or encumber
such estate or property or any part thereof from time to time and, as occasion
requires, to acquire any estate or property in addition thereto or in place
thereof without licence in mortmain and without limitation as to the period
|22. All property heretofore
or hereafter granted, conveyed, devised or bequeathed to Trent College
Limited or in trust for the benefit of Trent College Limited is vested
in the University, subject to any trust or trusts affecting the property.
|23. The property
vested in the University and any lands and premises leased to and occupied
by the University shall not be liable to taxation or other imposition for
provincial, municipal or school purposes, and shall be exempt from every
description of taxation or other imposition so long as the same are actually
used and occupied for the purposes of the University.
|24. Real property
vested in the University is not liable to be entered upon, used or taken
by any corporation, except a municipal corporation, and no power to expropriate
real property hereafter conferred shall extend to such property unless
the Act conferring such power applies expressly thereto.
|25. The University
has university powers, including the power, without the consent of the
owner or of any person interested therein, other than a municipal corporation,
to enter upon, take, use and expropriate all such real property as it deems
necessary for the purposes of the University, making due compensation for
any such real property to the owners and occupiers thereof and all persons
having an interest therein, and the provisions of The Municipal Act
as to taking land compulsorily and making compensation therefor and as
to the manner of determining and paying the compensation apply mutatis
mutandis to the University and to the exercise by it of the powers
conferred by this Act, and, where any act is by any of such provisions
required to be done by the clerk of a municipality or at the office of
such clerk, the like act shall be done by or at the office of the secretary
of the Board.
of statute of
|26. All property
vested in the University, as far as the application thereto of any statute
of limitations is concerned, shall be deemed to have been and to be real
property vested in the Crown for the public use of Ontario.
|27. The property
and the income, revenues, issues and profits of all property of the University
shall be applied solely to achieving the objects and purposes of the University.
|28. 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 trust
or trusts affecting them, may be invested and re-invested from time to
time in such investments as the Board in its absolute discretion deems
|29. The University,
if authorized by by-laws of the Board, may,
borrow money on its credit in such amount, on such terms and from such
persons, firms or corporations, including chartered banks, as may be determined
by the Board;
make, draw and endorse promissory notes or bills of exchange;
hypothecate, pledge, charge or mortgage all or any part of the property
of the University to secure any money so borrowed or the fulfillment of
the obligations incurred by it under any promissory note or bill of exchange
signed, made, drawn or endorsed by it;
issue bonds, debentures and obligations on such terms and conditions as
the Board may decide, and pledge or sell such bonds, debentures and obligations
for such sums and at such prices as the Board may decide, and mortgage,
charge, hypothecate or pledge all or any part of the property of the University
to secure any such bonds, debentures and obligations.
|30. The University
has the power and capacity to affiliate with, or take into affiliation
or federate with, other universities, colleges and institutions of learning
on such terms and for such periods of time as the Board may determine.
||31. The accounts
of the University shall be audited at least once a year by an auditor appointed
by the Board.
|32. The University
shall submit to the Lieutenant Governor in Council, upon request, the annual
report of the University and such other reports as may be required from
time to time.
|33. This Act
comes into force on the day it receives Royal Assent.
||34. This Act
may be cited as The Trent University Act, 1962-63.