2006 Legislative Session: 2nd Session, 38th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 11th day of May, 2006
Ian D. Izard, Q.C., Law Clerk
MR. DAVE HAYER
|2||Christ for the Nations Bible College continued|
|3||Board of governors|
|4||Meetings of board of governors|
|5||Authority to make bylaws|
|6||Authority to grant theological degrees|
|7||Degree program advisory council|
|8||Personal liability protection for members of the board of governors|
|9||Appointment of president and dean|
|10||Duties and powers of the president|
|11||Appointment authority of board of governors|
|15||Application of Society Act|
|16||Dissolution and winding-up|
WHEREAS Mr. James Nyssen, Dr. Larry A. Balisky, M.D., FRCS(c), and Mr. Harold B. Hanson, of Chilliwack, B.C., and Mr. Michael d'Abadie, C.A., and Rev. Gerald J. Nussbaum, A.A., B.C.A., of Surrey, B.C., desire to continue a Bible college in the Province of British Columbia for Canadian and international students;
THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act, unless the context otherwise requires:
"Bible college" means the Christ for the Nations Bible College continued under section 2;
"board of governors" means the board of governors of the Bible college;
"president" means the president of the Bible college.
2 (1) The society incorporated under the Society Act as the Christ for the Nations Bible College is continued under this Act as a not-for-profit society under the name "Christ for the Nations Bible College".
(2) The Bible college consists of the members of the board of governors.
(3) Until new members of the board of governors are elected or appointed as referred to in section 3, the members of the board of governors are the persons who, on the coming into force of this Act, are the directors of the society referred to in subsection (1).
3 (1) The members of the board of governors must be elected or appointed in accordance with the bylaws of the Bible college.
(2) The board of governors must have a minimum of 5 and a maximum of 12 members.
(3) The affairs, business, property and objects of the Bible college are the responsibility of the board of governors.
(4) Subject to this Act and the bylaws of the Bible college, the board of governors may exercise all the powers of the Bible college.
(5) The president is, by virtue of office, a member of the board of governors and of any committee of the board of governors.
4 (1) The board of governors must meet at least 3 times in each calendar year, and at such other times as it considers necessary.
(2) The board of governors must, by bylaw, provide that at least 14 days' written notice of every meeting of the board of governors be given to each member of the board of governors.
(3) A quorum for a meeting of the board of governors is 2/3 of the current members of the board of governors.
(4) The board of governors must elect from among its members a chair, a secretary and any other officers it considers necessary.
(5) The chair, or the chair's representative chosen from the other members, must preside at all meetings of the board of governors.
5 (1) The board of governors may make bylaws for all purposes relating to the affairs, business, property and objects of the Bible college.
(2) Without limiting the generality of this Act, the board of governors has the power to make bylaws including, but not limited to, the following matters:
(a) the operation of the Bible college, including the setting and publication of its doctrinal position;
(b) establishing committees of the board of governors and delegating authority to those committees;
(c) the appointment and membership of committees of the board of governors;
(d) the conduct of meetings of the board of governors and meetings of the Bible college, including notices and consents prerequisite to those meetings, quorums and voting rights at those meetings and all other matters in connection with those meetings;
(e) the filling of vacancies on the board of governors;
(f) all matters relevant to employment and remuneration of any faculty, officers or employees of the Bible college;
(g) the granting of tenure and leave to academic officers and members of faculty;
(h) the borrowing of money as required for the Bible college and giving security for that borrowing on the terms and in the amounts as the board of governors considers advisable, subject to the restriction that these powers must not be exercised except in accordance with the bylaws of the Bible college;
(i) handling and investing, as the board of governors considers appropriate, all money that comes to the Bible college;
(j) subject to section 7, establishing and terminating programs and courses of study;
(k) establishing, changing and terminating academic units within the Bible college and determining the powers and duties of those units;
(l) establishing and levying registration and other fees and assessments considered appropriate by the board of governors and respecting the payment, remission and collection of these fees and assessments;
(m) regulating the admission of students and setting admission standards;
(n) partnering or affiliating the Bible college with any other institution of higher learning;
(o) acquiring, accepting, soliciting or receiving any gift of real or personal property;
(p) generally conducting the affairs of the Bible college.
6 Subject to section 7 and despite the University Act, the Bible college has the power to grant theological degrees and honorary theological degrees in its own right or jointly with any university or other institution of higher learning.
7 (1) The board of governors must appoint a degree program advisory council, consisting of 3 persons who are independent of the Bible college and qualified to conduct quality assessments of the degree programs of the Bible college.
(2) For the period of 3 years following the date of Royal Assent to this Act, the degree program advisory council must
(a) advise the board of governors respecting the requirements for degree programs of the Bible college in order to ensure quality, including respecting curriculum and faculty qualifications, and
(b) approve all new or revised degree program designs.
8 Members of the board of governors who do not contravene this Act are exempt from personal liability for the debts, obligations or acts of the Bible college.
9 The board of governors must appoint the president and the dean of the Bible college.
10 The president
(a) is the chief executive officer of the Bible college,
(b) must supervise and direct the work of the Bible college, the teaching staff and the administrative staff, and
(c) must be responsible for student discipline.
11 The board of governors, on the recommendation of the president, may
(a) establish the various roles and positions they consider necessary for the operation of the Bible college and appoint persons to fill these roles and positions, and
(b) define the duties and tenure of office associated with each role or position.
12 (1) There must be an academic council for the Bible college, composed of
(a) the president,
(b) the dean, and
(c) one or more additional members from the faculty and staff of the Bible college appointed to the academic council by the president, subject to the restriction that all such appointments must be approved by the board of governors.
(2) The academic council must
(a) provide advice to the president and the board in the areas of academic decision-making, finance, management and development, and
(b) assist in furthering the mission of the Bible college in the manner directed by the board of governors.
(3) The president is the chair of the academic council.
13 (1) Subject to any conditions established by its bylaws, the Bible college may
(a) borrow, raise or secure payment of money,
(b) draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange and other negotiable and transferable instruments, and
(c) mortgage or pledge any or all of its properties or assets to secure amounts borrowed.
(2) The Bible college may invest any of its funds in any way authorized by the board of governors, and is not limited to investments authorized by law for trustees.
(3) To the extent authorized by its bylaws, the Bible college may entrust money belonging to the Bible college to any trust company or bank, to be held, controlled, administered and dealt with by the trust company or bank for the time and in the manner that the board of governors directs.
14 Land or improvements owned by the Bible college and used for educational purposes are exempt from taxation under the Community Charter, the Local Government Act, the School Act, the Taxation (Rural Area) Act and the Vancouver Charter.
15 Subject to this Act, the Society Act applies to the Bible college.
16 On dissolution or winding-up of the Bible college, the assets of the Bible college must be transferred and delivered to one or more qualified donees, as defined in the Income Tax Act (Canada), having similar objects as the Bible College, as may be determined by the board of governors.
17 This Act comes into force on the date of Royal Assent.
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