Section 1 definition of "faculty member" BEFORE amended by 2003-48-29, effective March 12, 2004 (BC Reg 88/2004).
"faculty member" means a person employed on a full time basis by a university who has served for 4 months or longer as an instructor, lecturer, assistant professor, associate professor, professor, or in an equivalent position designated by the senate;
Section 1 definition of "senate" BEFORE amended by 2004-74-1(a), effective September 1, 2005 (BC Reg 130/2005).
"senate" means the senate of a university;
Section 1 definitions of "council", "Okanagan senate" and "Vancouver senate" added by 2004-74-1(b), effective September 1, 2005 (BC Reg 130/2005).
Section 1 definition of "faculty" BEFORE amended by 2008-24-1(a), effective September 1, 2008 (BC Reg 220/2008).
"faculty" means an academic administrative division of a university constituted by the board as a faculty under section 39, or the dean and faculty members of a faculty, as the context requires;
Section 1 definition of "special purpose, teaching university" was added by 2008-24-1(b), effective September 1, 2008 (BC Reg 220/2008).
Section 1 definition of "university" BEFORE amended by 2008-24-1(c), effective September 1, 2008 (BC Reg 220/2008).
"university" means each of the universities named in section 3 (1).
Section 1 definition of "student society" BEFORE amended by 2015-18-359, effective November 28, 2016 (BC Reg 216/2015).
"student society" means an organization incorporated as a society under the Society Act whose purpose is to represent the interests of the general undergraduate or graduate student body, or both, but does not include a provincial or national student organization;
Section 1 definitions of "capital fee" and "program or service fee" were added by 2016-42-6, effective December 19, 2016 (BC Reg 321/2016).
Section 3 (1) (d) was added by RS1996 (Supp)-468-1(a), effective July 15, 2002 (date set by BC Reg 131/2002 under RS1996-472-17(1),(2)).
Section 3 (4) and (5) BEFORE amended by 2003-48-30, effective March 12, 2004 (BC Reg 88/2004).
(4) Subject to subsection (5), the Company Act does not apply to a university.
(5) The Lieutenant Governor in Council may, by order, direct that the Company Act or any provision of it applies to a university.
Section 3 (4) BEFORE amended by 2004-23-34, effective March 29, 2004 [retro from April 29, 2004 (Royal Assent)].
(4) The Company Act does not apply to a university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to a university.
Section 3 (3) BEFORE amended by 2004-74-2(b), effective September 1, 2005 (BC Reg 130/2005).
(3) Each university continues as a corporation, having the rights, powers, duties and liabilities set out in this Act.
Section 6 (a) BEFORE repealed by 2008-24-4, effective September 1, 2008 (BC Reg 220/2008).
(a) electing the chancellor;
Section 10 (1) BEFORE amended by 2002-27-14, effective May 9, 2002 (Royal Assent).
(1) In this section, "peace officer" includes a conservation officer under the Wildlife Act.
Section 11 (1) BEFORE amended by 2008-24-5(a), effective September 1, 2008 (BC Reg 220/2008).
(1) There must continue to be a chancellor of each university, who is to be elected by the members of the convocation and who holds office for 3 years and until a successor is elected.
Section 11 (2) and (3) BEFORE amended by 2008-24-5(b) and (c), effective September 1, 2008 (BC Reg 220/2008).
(2) A retiring chancellor is eligible for re-election.
(3) A person may not hold the office of chancellor for more than 6 consecutive years in addition to the period of office held by the person as a result of having been elected for the unexpired term of the person's predecessor.
Section 12 BEFORE re-enacted by 2008-24-6, effective September 1, 2008 (BC Reg 220/2008).
Vacancy in office of chancellor
12 (1) If the office of chancellor becomes vacant because of the death or resignation of the chancellor or for any other reason before the expiration of the chancellor's term of office, the vacancy must immediately be filled at an election to be held for that purpose.
(2) A person elected under subsection (1) holds office for the unexpired term of his or her predecessor.
(3) An election under subsection (1) must be conducted in the manner provided for the ordinary triennial election.
Section 14 (1) BEFORE repealed by 2008-24-7(a), effective September 1, 2008 (BC Reg 220/2008).
(1) All nominations of candidates for the office of chancellor must be signed by at least 7 persons entitled to vote in the election of the chancellor.
Section 14 (3) (part) BEFORE amended by 2008-24-7(b), effective September 1, 2008 (BC Reg 220/2008).
(3) The registrar must immediately send a written notice of nomination to each person nominated as a candidate for the office of chancellor and to each person nominated as a candidate for membership in the senate, with a request that the candidate forward to the registrar information about the following:
Section 19 (e) and (f) BEFORE amended by 2003-48-31, effective March 12, 2004 (BC Reg 88/2004).
(e) 2 full time students elected from all students who are members of the undergraduate student society or the graduate student society;
(f) one person elected by and from the full time employees of the university who are not faculty members.
Section 19 BEFORE re-enacted by 2004-74-5, effective April 1, 2005 (BC Reg 130/2005).
Composition of board
19 The board is composed of 15 members, as follows:
(a) the chancellor;
(b) the president;
(c) 2 faculty members elected by the faculty members;
(d) 8 persons appointed by the Lieutenant Governor in Council, 2 of whom are to be appointed from among persons nominated by the alumni association;
(e) 2 students elected from all students who are members of the undergraduate student society or the graduate student society;
(f) one person elected by and from the employees of the university who are not faculty members.
Section 20 (1) BEFORE amended by 2006-15-44(a), effective March 30, 2006 (Royal Assent).
(1) A member of the board, other than the chancellor, president or a member elected under section 19 (e), holds office for 3 years and after that until a successor is appointed or elected.
Section 20 (2) BEFORE amended by 2006-15-44(b), effective March 30, 2006 (Royal Assent).
(2) Each member of the board elected under section 19 (e) holds office for one year and after that until a successor is elected.
Section 22 (2) BEFORE amended by 2023-10-1147, effective March 30, 2023 (Royal Assent).
(2) Unless excused by resolution of the board, a member who does not attend at least half of the regular meetings of the board in any year is deemed to have vacated his or her seat.
Section 23 (1) (f) BEFORE amended by 2003-48-32, effective March 12, 2004 (BC Reg 88/2004).
(f) a person who ordinarily resides outside British Columbia.
Section 23 (1) (c) BEFORE repealed by 2006-15-45, effective March 30, 2006 (Royal Assent).
(c) a person who is not a Canadian citizen or is not a permanent resident under the Immigration Act (Canada);
Section 23 (1) (g) BEFORE repealed by 2018-36-3, effective October 31, 2018 (Royal Assent).
(g) a person who is an employee of the university and who is a voting member of the executive body of, or an officer of, an academic or non-academic staff association of the university who has the responsibility, or joint responsibility with others, to
(i) negotiate with the board, on behalf of the academic or non-academic staff association of that university, the terms and conditions of service of members of that association, or
(ii) adjudicate disputes regarding members of the academic or non-academic staff association of that university.
Section 23 (2) BEFORE amended by 2023-10-1147, effective March 30, 2023 (Royal Assent).
(2) A member of the board who ceases to be eligible during his or her term of office immediately ceases to be a member of the board.
Section 26 (2) BEFORE amended by 2004-74-6, effective April 1, 2005 (BC Reg 130/2005).
(2) Eight members of the board constitute a quorum for the transaction of business.
Section 27 (2) (w) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(w) to pay to a municipality incorporated by or under an Act a grant in a year not exceeding the lesser of
Section 27 (2) (t) BEFORE amended by 2009-22-12(a), effective October 29, 2009 (Royal Assent).
(t) to control vehicle and pedestrian traffic on the university campus;
Section 27 (2) (t.1) to (t.4) and (x.1) and (x.2) were added by 2009-22-12(a), effective October 29, 2009 (Royal Assent).
Section 27 (2) (y) BEFORE amended by 2009-22-12(b), effective October 29, 2009 (Royal Assent).
(y) to do and perform all other matters and things that may be necessary or advisable for carrying out and advancing the purposes of the university and the performance of any duty by the board or its officers prescribed by this Act.
Section 27 (2) (b) BEFORE amended by 2012-7-50, effective March 29, 2012 (Royal Assent).
(b) to elect from among its members a chair, and, when necessary, an acting chair;
Section 27 (7), definition of "student" BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent).
"student" includes a person applying to enroll in a credit course at a university.
Section 27 (2) (y) BEFORE amended by 2016-23-10, effective May 19, 2017 [1 year after May 19, 2016 (Royal Assent)].
(y) to do and perform all other matters and things that may be necessary or advisable for carrying out and advancing, directly or indirectly, the purposes of the university and the performance of any duty by the board or its officers prescribed by this Act.
Section 27 (3) BEFORE amended by 2023-10-1148, effective March 30, 2023 (Royal Assent).
(3) A person appointed under subsection (2) (h) has, during the period for which he or she is appointed, all the powers, rights and privileges of the president.
Section 27.1 (4) (a) (i) BEFORE amended by 2015-18-360(a), effective November 28, 2016 (BC Reg 216/2015).
(i) make available to its members annual audited financial statements and a report on those financial statements by an auditor who meets the requirements of section 42 of the Society Act;
Section 27.1 (4) (b) BEFORE amended by 2015-18-360(b), effective November 28, 2016 (BC Reg 216/2015).
(b) the student society is struck off the register in accordance with section 71 of the Society Act.
Section 27.1 (1) (part), (2) and (4) (part) BEFORE amended by 2016-42-8, effective December 19, 2016 (BC Reg 321/2016).
(1) Subject to subsection (2), on annual notice from a student society, the board must collect student society fees and remit them to the student society if
(2) If a student society referred to in subsection (1) (a) or (b) changes student society fees, the new amount or the rate of change must be approved, before a notice is issued under subsection (1), by a majority of the members of the student society who vote in a referendum of that student society.
(4) The board may cease to collect or remit student society fees to a student society if one of the following applies:
Section 27.1 (1.1) and (2.1) to (2.3) were added by 2016-42-8, effective December 19, 2016 (BC Reg 321/2016).
Section 29 (1) BEFORE amended by 2003-54-27, Schedule A effective April 1, 2004 (BC Reg 11/2004).
(1) The board must not incur any liability or make any expenditure in a fiscal year beyond the amount unexpended of the grant made to the university and the estimated revenue of the university from other sources up to the end of and including that fiscal year, unless an estimate of the increased liability or over-expenditure has been first approved by the minister and Minister of Finance and Corporate Relations.
Section 35 (2) (h) BEFORE amended by 2003-48-34(a), effective March 12, 2004 (BC Reg 88/2004).
(h) a number of full time students, equal to the number provided in paragraphs (a) to (f), elected from all students who are members of the undergraduate student society or the graduate student society, in a manner that ensures that at least one student from each faculty is elected;
Section 35 (2) (j) BEFORE repealed by 2003-48-34(b), effective March 12, 2004 (BC Reg 88/2004).
(j) 4 persons appointed by the Lieutenant Governor in Council;
Section 35 BEFORE re-enacted by 2004-74-7, effective September 1, 2005 (BC Reg 130/2005).
Senate
35 (1) The senate for each university is continued.
(2) The senate of each university is composed of the following:
(a) the chancellor;
(b) the president, who is its chair;
(c) the academic vice president or equivalent;
(d) the deans of faculties;
(e) the chief librarian;
(f) the director of continuing education;
(g) a number of faculty members equal to twice the number provided in paragraphs (a) to (f), to consist of 2 members of each faculty elected by the members of that faculty, and the remainder elected by all the faculty members in the manner that they, in joint meeting, determine;
(h) a number of students, equal to the number provided in paragraphs (a) to (f), elected from all students who are members of the undergraduate student society or the graduate student society, in a manner that ensures that at least one student from each faculty is elected;
(i) 4 persons who are not faculty members, elected by and from the convocation;
(j) [Repealed 2003-48-34.]
(k) one member to be elected by the governing body of each affiliated college of the university;
(l) additional members the senate may determine without altering the ratio set out in paragraphs (g) and (h).
Section 35 (1) and (2) (part) BEFORE amended by 2008-24-9, effective September 1, 2008 (BC Reg 220/2008).
(1) The senate for each university other than the University of British Columbia is continued.
(2) The senate of each university other than the University of British Columbia is composed of the following:
Section 36 (1) and (2) BEFORE amended by 2006-15-46(a), effective March 30, 2006 (Royal Assent).
(1) The term of office of a member of the senate, other than one elected under section 35 (2) (h), is 3 years and after that until a successor is appointed or elected.
(2) The term of office of a member of the senate elected under section 35 (2) (h) is one year and after that until a successor is elected.
Section 36 (3) BEFORE amended by 2006-15-46(b), effective March 30, 2006 (Royal Assent).
(3) Members of a senate who remain eligible under section 35 may be reappointed or re-elected in the manner provided under section 35 for further terms.
Section 36 (1), (2) and (3) BEFORE amended by 2008-24-11, effective September 1, 2008 (BC Reg 220/2008).
(1) The term of office of a member of the senate, other than one elected under section 35 (2) (h) or 35.1 (2) (h) or (3) (h), is 3 years and after that until a successor is appointed or elected.
(2) The term of office of a member of the senate elected under section 35 (2) (h) or 35.1 (2) (h) or (3) (h) is one year and after that until a successor is elected.
(3) Members of a senate who remain eligible under section 35 or 35.1 may be reappointed or re-elected in the manner provided under section 35 or 35.1 for further terms.
Section 38 (1) BEFORE amended by 2004-74-9, effective April 1, 2005 (BC Reg 130/2005).
(1) A certified copy of every resolution or order of the senate providing for any of the matters or things mentioned in section 37 (1) (i), (p) and (u) must be sent to the board within 10 days after the resolution or order is passed.
Section 38.1 (3) BEFORE amended by BC Reg 333/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 333/2006).
(3) The term of office on the council of an person referred to in subsection (1) (e) or (f) is 3 years from the date of their election and they may continue in office after that date until another person is elected to the position.
Section 39 (2) BEFORE amended by 2023-10-1149, effective March 30, 2023 (Royal Assent).
(2) A dean of a faculty is the chair of the faculty of which he or she is the dean.
Section 47 was renumbered 47 (2) and (1) was added by 2008-24-13, effective September 1, 2008 (BC Reg 220/2008).
Section 50 (2) BEFORE amended by 2004-74-12, effective April 1, 2005 (BC Reg 130/2005).
(2) Subject to the approval of the Lieutenant Governor in Council and to the terms of any grant, conveyance, gift or devise of land, a university may
(a) mortgage, sell, transfer, lease for not more than 99 years, or otherwise dispose of its land, and
(b) lease for any term any of its land to a college affiliated with the university.
Section 50 (1) BEFORE amended by 2009-22-14, effective October 29, 2009 (Royal Assent).
(1) A university may acquire, by gift, purchase or any other manner, and hold, for the purposes of a university, property of any kind.
Section 54 (1) BEFORE amended by 2003-3-48, effective December 31, 2002 [retro from March 12, 2003 (Royal Assent)].
(1) Unless otherwise provided in an Act, the property vested in a university is exempt from taxation under the Local Government Act, the School Act, the Vancouver Charter and the Taxation (Rural Area) Act.
Section 54 (1) BEFORE amended by 2003-52-493, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(1) Unless otherwise provided in an Act, the property vested in a university is exempt from taxation under the Local Government Act, the School Act, the Vancouver Charter and the Taxation (Rural Area) Act.
Section 54 (1) BEFORE amended by 2011-9-29(a), effective June 2, 2011 (Royal Assent).
(1) Unless otherwise provided in an Act, the property vested in a university and held or used for university purposes is exempt from taxation under the Community Charter, the Local Government Act, the School Act, the Vancouver Charter and the Taxation (Rural Area) Act.
Section 54 (1) and (2) BEFORE amended by 2014-4-113, effective March 24, 2014 (Royal Assent).
(1) Unless otherwise provided in an Act, the property vested in a university and held or used by or on behalf of the university for university purposes is exempt from taxation under the Community Charter, the Local Government Act, the School Act, the Vancouver Charter and the Taxation (Rural Area) Act.
(2) If land vested in a university is disposed of by lease to a college affiliated with the university, so long as it is held for college purposes, the land continues to be entitled to the exemption from taxation provided in this section.
Section 58 (1) BEFORE amended by 2003-54-27, Schedule A, effective April 1, 2004 (BC Reg 11/2004).
(1) With the approval of the minister and Minister of Finance and Corporate Relations, a university may borrow money for the purpose of
Section 59 (2) (b) BEFORE amended by 2023-10-1150, effective March 30, 2023 (Royal Assent).
(b) to summon meetings of a faculty when the president considers it necessary or advisable to do so, and at his or her discretion to convene joint meetings of all or any of the faculties;
Section 60 (2) BEFORE amended by 2023-10-1150, effective March 30, 2023 (Royal Assent).
(2) On the exercise of the power, the president must promptly report the action to the board with a statement of his or her reasons.
Section 61 (2) BEFORE amended by 2023-10-1150, effective March 30, 2023 (Royal Assent).
(2) On the exercise of the power, the president must promptly report the action to the standing committee established under section 37 (1) (v) with a statement of his or her reasons.
Section 67 (7) BEFORE repealed by RS1996 (Supp)-468-1(b), effective July 15, 2002 (date set by BC Reg 131/2002 under RS1996-472-17(1),(2)).
(7) Despite subsection (2), the University of Northern British Columbia established under the University of Northern British Columbia Act may grant degrees in its own name in accordance with that Act.
Section 67 (9) BEFORE repealed by 2002-35-15, effective March 31, 2003 [on repeal of 1997-54-3 and 4 (BC Reg 152/2003)].
(9) Despite subsection (2), the Technical University of British Columbia established under the Technical University of British Columbia Act may grant degrees in its own name in accordance with that Act.
Section 67 (4) BEFORE repealed by 2004-33-31, effective June 11, 2004 (BC Reg 252/2004).
(4) The British Columbia Institute of Technology may grant degrees in its own name under the Institute of Technology Act as provided for under that Act.
Section 67 (6) BEFORE repealed by 2012-7-51, effective November 23, 2012 (BC Reg 327/2012).
(6) Despite subsection (2), the open university established under the Open Learning Agency Act may grant degrees in its own name in accordance with that Act.
Section 67 (10) BEFORE amended by 2019-40-27, effective November 28, 2019 (Royal Assent)].
(10) Despite subsection (2), a person to whom consent under the Degree Authorization Act is given to grant or confer a degree may grant the degree in its own name in accordance with the consent.