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[Prepared for convenience by the Office of Legislative Counsel. Note: This Act has not been revised as part of the Revised Statutes 1996. References in this Act to other Acts may be references to earlier Revised Statutes or to Acts not consolidated in a general revision of statutes, depending on when the provision of this Act containing the reference was enacted or amended.]
Assented to March 2, 1956
WHEREAS the Most Reverend William Mark Duke, D.D., LL.D., Archbishop of the Archdiocese of Vancouver, and the Most Reverend Martin Michael Johnson, D.D., Coadjutor to the said Archbishop of the Archdiocese of Vancouver with the rights of succession, and the Right Reverend Thomas Melville Nichol, D.P., and the Very Reverend John Edward Brown, and the Very Reverend Henry Carr, C.S.B., B.A., LL.D., and the Reverend Michael Joseph Oliver, C.S.B., B.A., P.H.N., have represented that they desire to establish a Roman Catholic educational institution in the City of Vancouver, in the Province of British Columbia, and in affiliation with the University of British Columbia:
AND WHEREAS it is expedient that the said institution should be incorporated:
THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:—
1 (1) The Most Reverend William Mark Duke, D.D., LL.D., Archbishop of the Archdiocese of Vancouver, and the Most Reverend Martin Michael Johnson, D.D., Coadjutor to the said Archbishop of the Archdiocese of Vancouver with the rights of succession, and the Right Reverend Thomas Melville Nichol, D.P., and the Very Reverend John Edward Brown, and the Very Reverend Henry Carr, C.S.B., B.A., LL.D., and the Reverend Michael Joseph Oliver, C.S.B., B.A., P.H.N., all of the City of Vancouver, and such persons as may from time to time be members of the Board of Management under the provisions hereinafter contained shall be and are hereby constituted a body politic and corporate by and under the name of "St. Mark's College" (hereinafter called the "College").
(2) Despite subsection (1), the College incorporated under that subsection consists of the members of the board of governors.
1956-68-1; 2023-26-1.
1.1 The objects of the College, all of which are deemed to be charitable, are to
(a) advance education by providing to any person an education in the liberal arts and sciences informed by the Catholic intellectual tradition,
(b) provide education that, according to Christian principles, develops the whole person, including the person's intellectual, physical, emotional and spiritual potential to fill a leadership or other productive role in society, and
(c) establish and operate a post-secondary educational institution in which Catholicism is vitally present and operative.
2023-26-2.
2 The College may affiliate with the University of British Columbia under the University Act.
2023-26-3.
3 (1) The College has the powers and capacity of a natural person of full capacity.
(2) Without limiting subsection (1), the College may do the following:
(a) acquire, hold and dispose of property;
(b) borrow money and, subject to section 6, invest money.
2023-26-3.
6 (1) The College may invest money that belongs to it only as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.
(2) Nothing in subsection (1) precludes the College from holding a security donated to the College or carrying out the terms of a deed of trust respecting a security.
2023-26-5.
7 (1) The board of governors consists of at least 5 and not more than 15 members elected or appointed under section 8.
(2) Despite subsection (1), the persons who are members of the Board of Management on the date this section comes into force are members of the board of governors until the persons resign or otherwise cease to be members.
2023-26-5.
8 The members of the board of governors must be elected or appointed in accordance with the by-laws or rules of the board of governors.
2023-26-5.
9 Subject to this Act, the board of governors must exercise the powers and perform the duties of the College, including by managing the affairs of the College.
2023-26-5.
10 The board of governors may appoint or remove the principal or other head of the College.
2023-26-7.
10.1 (1) Subject to this section, the Archbishop of the Roman Catholic Archdiocese of Vancouver holds the office of chancellor of the College.
(2) If, at any time, the Archbishop is unwilling or unable to hold the office of chancellor, the board of governors must, as soon as practicable, appoint a person to hold the office.
(3) A person may be appointed under subsection (2) to hold the office of chancellor for an initial term of 3 years and one additional term of 3 years but may not hold the office for more than 6 consecutive years.
(4) The board of governors may remove from the office of chancellor a person appointed under this section.
(5) A person appointed under subsection (2) to hold the office of chancellor ceases to hold the office when
(a) the Archbishop assumes the office,
(b) the board of governors removes the person from the office,
(c) the person resigns the office or dies, or
(d) the person's term of appointment expires.
(6) If a person appointed under subsection (2) to hold the office of chancellor is removed from the office or resigns or dies before the person's term of appointment expires,
(a) the board of governors must, as soon as practicable, appoint a person to fill the vacancy in the office,
(b) the period of time during which the person appointed under paragraph (a) holds the office does not, in relation to that person, count in calculating a 6-year period referred to in subsection (3), and
(c) the person appointed under paragraph (a) ceases to hold the office when
(i) the Archbishop assumes the office,
(ii) the board of governors removes the person from the office,
(iii) the person resigns the office or dies, or
(iv) the term of appointment for the person's predecessor expires.
(7) The chancellor of the College is responsible for the following:
(a) presiding at convocations, graduations and other formal College occasions;
(b) conferring all degrees, certificates and diplomas of the College;
(c) upholding the Catholic intellectual tradition of the College.
(8) The chancellor must not be employed by the College.
2023-26-8.
11 (1) A senate of the College is established for the reception, academic superintendence and discipline of the students of the College.
(2) The senate of the College consists of the following:
(a) the professors of the College;
(b) the members of the board of governors nominated by the board for the purposes of this section.
(3) A nomination under subsection (2) (b) must be made at least once every 2 years at a time to be decided by the board of governors.
2023-26-9.
12 The board of governors may from time to time make rules or by-laws for the government of the College and for its guidance, and may alter, amend, and annul the said rules or by-laws from time to time: Provided always that such rules or by-laws be not contrary to this Act or repugnant to the laws of the Province.
1956-68-12; 2023-26-10.
13 The rules or by-laws of the board of governors must be entered in a minute-book kept for the said purpose and signed by the secretary of the board of governors in office from time to time at the time during which the same are adopted or passed, and such books must be deposited among the records of the board of governors.
1956-68-13; 2023-26-11.
14 A copy of the said rules or by-laws certified under the hand of the secretary of the board of governors for the time being may be admitted and received as evidence of the said rules or by-laws, and of the contents thereof, in any Court of this Province, and for all purposes, without proof of the signature of the said secretary.
1956-68-14; 2023-26-12.
15 The senate of the College may
(a) grant degrees in theology, including honorary degrees,
(b) grant diplomas and certificates of proficiency, and
(c) grant or confer associate degrees, including honorary degrees, in accordance with the Degree Authorization Act.
2023-26-13.
16 The senate may make by-laws touching any matter or thing pertaining to the conditions on which degrees may be conferred, whether the said degrees be such as are granted in course or by examination, or such as are honorary, or whether they be conferred on matriculants of the College or other persons, and to amend such by-laws when the senate sees fit.
1956-68-16; 2023-26-14.
18 This Act shall come into force on a date to be fixed by the Lieutenant-Governor in Council by his Proclamation.
1956-68-18.
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