Definitions

1   In this Act, unless the context otherwise requires:

"academic council" means the academic council of the seminary;

"board" means the board of directors of the seminary;

"bylaws" means the bylaws of the seminary;

"degree in theology" means recognition of academic achievement in theological studies or in respect of preparation for a religious vocation that is specified in writing to be an associate, baccalaureate, masters or doctoral degree;

"president" means the president of the seminary;

"seminary" means the Mennonite Brethren Biblical Seminary continued under section 2;

"society" means the society incorporated under the Society Act as Mennonite Brethren Biblical Seminary.

Mennonite Brethren Biblical Seminary continued

2   (1) The society is continued under this Act as a corporation under the name "Mennonite Brethren Biblical Seminary".

(2) The seminary consists of the members of the board.

Objects of seminary

3   The objects of the seminary are to provide theological education and Christian leadership training at the associate, baccalaureate, masters or doctoral degree levels.

Board of directors

4   (1) Until new members of the board are elected or appointed under subsection (2), the members of the board of directors of the society are the persons who, on the coming into force of this Act, are the directors of the board of the seminary referred to in section 2.

(2) The members of the board must be elected or appointed in accordance with the bylaws.

(3) The president is a non-voting member of the board.

Bylaws

5   (1) Subject to this Act, the seminary must have bylaws for the governance of the seminary including, but not limited to, bylaws respecting the following:

(a) the objects of the seminary;

(b) the appointment or election of the members of the board;

(c) the conduct of meetings of the board, including notices and consents prerequisite to those meetings, quorums and voting rights at those meetings and all other matters in connection with those meetings.

(2) The bylaws of the society on the coming into force of this Act, so far as not inconsistent with this Act, are the bylaws of the seminary and may be amended as set out in the bylaws.

Powers and duties of board

6   (1) Subject to this Act and the bylaws, the board is responsible for the management, administration and control of the affairs, business, revenue and property of the seminary.

(2) Without limiting the general powers conferred on or vested in the board by this Act, the board may do the following:

(a) establish committees of the board and delegate authority to those committees;

(b) employ and remunerate faculty, administrative and other staff of the seminary and define the duties and tenure of office associated with each role or position;

(c) engage consultants, legal counsel and auditors as may be required;

(d) acquire, accept, solicit, transfer and dispose of title to and interests in real and personal property;

(e) borrow, raise or secure payment of money and mortgage or pledge any or all of its properties or assets to secure amounts borrowed;

(f) draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange and other negotiable and transferable instruments;

(g) invest any funds of the seminary, not immediately required for any of its charitable and lawful objects, in a manner or on security as may from time to time be determined by the board to be advisable, and the board is not limited to making investments in which trustees are authorized to invest by law;

(h) raise funds to promote the objects of the seminary, subject or not to any specific charitable trusts or conditions;

(i) establish, terminate and determine the rules and policies of academic programs and courses of study;

(j) establish and levy registration and other fees and assessments, their amounts and the requirements regarding their payment;

(k) regulate the admission of students and set admission standards;

(l) enter into agreements with any university, college or other institution of higher learning or with any person respecting and providing for the cooperation in the exercise of any right, power, privilege or function of the seminary, including in respect of an affiliation with a university, college or other institution of higher learning;

(m) set terms and responsibilities of the academic council.

Authority to grant degrees in theology

7   Despite the University Act, the seminary may grant

(a) degrees in theology, including honorary degrees in theology,

(b) diplomas in theology, and

(c) certificates in theology

in its own right or jointly with any university, college or other institution of higher learning.

Appointment of president

8   The board must appoint the president.

Duties and powers of president

9   The president is the chief executive officer of the seminary and must, subject to the direction of the board,

(a) supervise and direct the work of the seminary, the faculty, administrative staff and other staff of the seminary,

(b) be responsible for the discipline of students,

(c) represent the seminary in its dealings with its constituencies and with the community at large, and

(d) perform other duties as may be assigned by the board.

Academic council

10   (1) There must be an academic council of the seminary, composed of

(a) the president,

(b) the deans of the seminary,

(c) representative faculty members appointed in accordance with the bylaws, and

(d) one or more additional persons as may be appointed by the board.

(2) The academic council is responsible for regulating the conduct of its meetings and proceedings, including the appointment of committees and other bodies necessary for its work.

(3) The academic council may do the following:

(a) advise and make recommendations to the president and the board on the admission standards, curriculum design and academic programs of the seminary;

(b) deal with all matters of academic concern as specified in the bylaws or assigned to it by the president or the board.

(4) The president, or designate, is the chair of the academic council.

Not in force

11   [Not in force.]

Dissolution and winding-up

12   (1) On dissolution or winding-up of the seminary, the funds and assets of the seminary remaining after all debts have been paid or provisions for their payment have been made, must be transferred and delivered to one or more qualified donees, as defined in the Income Tax Act (Canada), in accordance with the bylaws.

(2) The provisions of the Societies Act relating to the dissolution and winding-up of societies apply to the seminary, except that a reference in that Act to a special resolution is to be read as a resolution of the board.

Commencement

13   The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: