BILL 42
An Act to Repeal the Higher Education Foundation Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repeal of Higher Education Foundation Act
1 The Higher Education Foundation Act, chapter 169 of the Revised Statutes, 2011, is repealed.
Repeal of regulations under the Higher Education Foundation Act
2( 1) New Brunswick Regulation 93-150 under the Higher Education Foundation Act is repealed.
2( 2) New Brunswick Regulation 93-183 under the Higher Education Foundation Act is repealed.
2( 3) New Brunswick Regulation 96-19 under the Higher Education Foundation Act is repealed.
2( 4) New Brunswick Regulation 97-103 under the Higher Education Foundation Act is repealed.
2( 5) New Brunswick Regulation 2010-91 under the Higher Education Foundation Act is repealed.
Dissolution of the Mount Allison University Foundation
3( 1) The Mount Allison University Foundation established under the Mount Allison University Foundation Regulation - Higher Education Foundation Act is dissolved.
3( 2) The fund called the Mount Allison University Foundation Fund established by the Mount Allison University Foundation under subsection 8(1) of the Higher Education Foundation Act is dissolved.
3( 3) All appointments of persons as trustees of the board of trustees of the Mount Allison University Foundation under section 7 of the Higher Education Foundation Act are revoked.
3( 4) All appointments of officers, employees and professionals by the board of trustees of the Mount Allison University Foundation under section 11 of the Higher Education Foundation Act and of auditors under section 12 of that Act are revoked.
3( 5) All contracts, agreements or orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the trustees referred to in subsection (3) and to officers, employees, professionals and auditors referred to in subsection (4) are null and void.
3( 6) Despite the provisions of a contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a trustee referred to in subsection (3) or to an officer, employee, professional or auditor referred to in subsection (4).
3( 7) No action, application or other proceeding shall be instituted against the Crown in right of the Province as a result of the revocation of appointments under this section.
3( 8) Mount Allison University is entitled to all property to which the Mount Allison University Foundation was entitled immediately before the commencement of this section, including the property constituting the Mount Allison University Foundation Fund.
3( 9) All debts and other liabilities of the Mount Allison University Foundation existing on the commencement of this section or accruing after the commencement of this section are the debts and liabilities of Mount Allison University.
3( 10) Any transfer of property, debts or other liabilities from the Mount Allison University Foundation to Mount Allison University completed before the commencement of this section shall be deemed to have been validly made and is confirmed and ratified.
3( 11) On and after the commencement of this section, all gifts and bequests purportedly made to the Mount Allison University Foundation, whether of real or personal property, shall be deemed to have been made to Mount Allison University.
3( 12) On and after the date of any transfer of property under subsection (8), (10) or (11), Mount Allison University is vested with all the fiduciary duties imposed on the Mount Allison University Foundation with respect to the property referred to in those subsections and is subject to all the terms and conditions imposed on the Mount Allison University Foundation with respect to administering the property.
3( 13) On and after the date of any transfer of property under subsection (8), (10) or (11), Mount Allison University is vested with all the rights and powers conferred on the Mount Allison University Foundation with respect to administering the property referred to in those subsections.
Dissolution of the University of New Brunswick Foundation
4( 1) The University of New Brunswick Foundation established under the University of New Brunswick Foundation Regulation - Higher Education Foundation Act is dissolved.
4( 2) The fund called the University of New Brunswick Foundation Fund established by the University of New Brunswick Foundation under subsection 8(1) of the Higher Education Foundation Act is dissolved.
4( 3) All appointments of persons as trustees of the board of trustees of the University of New Brunswick Foundation under section 7 of the Higher Education Foundation Act are revoked.
4( 4) All appointments of officers, employees and professionals by the board of trustees of the University of New Brunswick Foundation under section 11 of the Higher Education Foundation Act and of auditors under section 12 of that Act are revoked.
4( 5) All contracts, agreements or orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the trustees referred to in subsection (3) and to officers, employees, professionals and auditors referred to in subsection (4) are null and void.
4( 6) Despite the provisions of a contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a trustee referred to in subsection (3) or to an officer, employee, professional or auditor referred to in subsection (4).
4( 7) No action, application or other proceeding shall be instituted against the Crown in right of the Province as a result of the revocation of appointments under this section.
4( 8) The University of New Brunswick is entitled to all property and assets to which the University of New Brunswick Foundation was entitled immediately before the commencement of this section, including the property constituting the University of New Brunswick Foundation Fund.
4( 9) All debts and other liabilities of the University of New Brunswick Foundation existing on the commencement of this section or accruing after the commencement of this section are the debts and liabilities of The University of New Brunswick.
4( 10) Any transfer of property, debts or other liabilities from the University of New Brunswick Foundation to The University of New Brunswick completed before the commencement of this section shall be deemed to have been validly made and is confirmed and ratified.
4( 11) On and after the commencement of this section, all gifts and bequests purportedly made to the University of New Brunswick Foundation, whether of real or personal property, shall be deemed to have been made to The University of New Brunswick.
4( 12) On and after the date of any transfer of property under subsection (8), (10) or (11), The University of New Brunswick is vested with all the fiduciary duties imposed on the University of New Brunswick Foundation with respect to the property referred to in those subsections and is subject to all the terms and conditions imposed on the University of New Brunswick Foundation with respect to administering the property.
4( 13) On and after the date of any transfer of property under subsection (8), (10) or (11), The University of New Brunswick is vested with all the rights and powers conferred on the University of New Brunswick Foundation with respect to administering the property referred to in those subsections.
Dissolution of the St. Thomas University Foundation
5( 1) The St. Thomas University Foundation established under the St. Thomas University Foundation Regulation - Higher Education Foundation Act is dissolved.
5( 2) The fund called the St. Thomas University Foundation Fund established by the St. Thomas University Foundation under subsection 8(1) of the Higher Education Foundation Act is dissolved.
5( 3) All appointments of persons as trustees of the board of trustees of the St. Thomas University Foundation under section 7 of the Higher Education Foundation Act are revoked.
5( 4) All appointments of officers, employees and professionals by the board of trustees of the St. Thomas University Foundation under section 11 of the Higher Education Foundation Act and of auditors under section 12 of that Act are revoked.
5( 5) All contracts, agreements or orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the trustees referred to in subsection (3) and to officers, employees, professionals and auditors referred to in subsection (4) are null and void.
5( 6) Despite the provisions of a contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a trustee referred to in subsection (3) or to an officer, employee, professional or auditor referred to in subsection (4).
5( 7) No action, application or other proceeding shall be instituted against the Crown in right of the Province as a result of the revocation of appointments under this section.
5( 8) St. Thomas’ University is entitled to all property and assets to which the St. Thomas University Foundation was entitled immediately before the commencement of this section, including the property constituting the St. Thomas University Foundation Fund.
5( 9) All debts and other liabilities of the St. Thomas University Foundation existing on the commencement of this section or accruing after the commencement of this section are the debts and liabilities of St. Thomas’ University.
5( 10) Any transfer of property, debts or other liabilities from the St. Thomas University Foundation to St. Thomas’ University completed before the commencement of this section shall be deemed to have been validly made and is confirmed and ratified.
5( 11) On and after the commencement of this section, all gifts and bequests purportedly made to the St. Thomas University Foundation, whether of real or personal property, shall be deemed to have been made to St. Thomas’ University.
5( 12) On and after the date of any transfer of property under subsection (8), (10) or (11), St. Thomas’ University is vested with all the fiduciary duties imposed on the St. Thomas University Foundation with respect to the property referred to in those subsections and is subject to all the terms and conditions imposed on the St. Thomas University Foundation with respect to administering the property.
5( 13) On and after the date of any transfer of property under subsection (8), (10) or (11), St. Thomas’ University is vested with all the rights and powers conferred on the St. Thomas University Foundation with respect to administering the property referred to in those subsections.
Dissolution of the Université de Moncton Foundation
6( 1) The Université de Moncton Foundation established under the Université de Moncton Foundation Regulation - Higher Education Foundation Act is dissolved.
6( 2) The fund called the Université de Moncton Foundation Fund established by the the Université de Moncton Foundation under subsection 8(1) of the Higher Education Foundation Act is dissolved.
6( 3) All appointments of persons as trustees of the board of trustees of the Université de Moncton Foundation under section 7 of the Higher Education Foundation Act are revoked.
6( 4) All appointments of officers, employees and professionals by the board of trustees of the Université de Moncton Foundation under section 11 of the Higher Education Foundation Act and of auditors under section 12 of that Act are revoked.
6( 5) All contracts, agreements or orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the trustees referred to in subsection (3) and to officers, employees, professionals and auditors referred to in subsection (4) are null and void.
6( 6) Despite the provisions of a contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a trustee referred to in subsection (3) or to an officer, employee, professional or auditor referred to in subsection (4).
6( 7) No action, application or other proceeding shall be instituted against the Crown in right of the Province as a result of the revocation of appointments under this section.
6( 8) The Université de Moncton is entitled to all property and assets to which the Université de Moncton Foundation was entitled immediately before the commencement of this section, including the property constituting the Université de Moncton Foundation Fund.
6( 9) All debts and other liabilities of the Université de Moncton Foundation existing on the commencement of this section or accruing after the commencement of this section are the debts and liabilities of the Université de Moncton.
6( 10) Any transfer of property, debts or other liabilities from the Université de Moncton Foundation to the Université de Moncton completed before the commencement of this section shall be deemed to have been validly made and is confirmed and ratified.
6( 11) On and after the commencement of this section, all gifts and bequests purportedly made to the Université de Moncton Foundation, whether of real or personal property, shall be deemed to have been made to Université de Moncton.
6( 12) On and after the date of any transfer of property under subsection (8), (10) or (11), the Université de Moncton is vested with all the fiduciary duties imposed on the Université de Moncton Foundation with respect to the property referred to in those subsections and is subject to all the terms and conditions imposed on the Université de Moncton Foundation with respect to administering the property.
6( 13) On and after the date of any transfer of property under subsection (8), (10) or (11), the Université de Moncton is vested with all the rights and powers conferred on the Université de Moncton Foundation with respect to administering the property referred to in those subsections.
Dissolution of the New Brunswick Community Colleges Foundation
7( 1) The New Brunswick Community Colleges Foundation established under the New Brunswick Community Colleges Foundation Regulation - Higher Education Foundation Act is dissolved.
7( 2) The fund called the New Brunswick Community Colleges Foundation Fund established by the New Brunswick Community Colleges Foundation under subsection 8(1) of the Higher Education Foundation Act is dissolved.
7( 3) All appointments of persons as trustees of the board of trustees of the New Brunswick Community Colleges Foundation under section 7 of the Higher Education Foundation Act are revoked.
7( 4) All appointments of officers, employees and professionals by the board of trustees of the New Brunswick Community Colleges Foundation under section 11 of the Higher Education Foundation Act and of auditors under section 12 of that Act are revoked.
7( 5) All contracts, agreements or orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to the trustees referred to in subsection (3) and to officers, employees, professionals and auditors referred to in subsection (4) are null and void.
7( 6) Despite the provisions of a contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a trustee referred to in subsection (3) or to an officer, employee, professional or auditor referred to in subsection (4).
7( 7) No action, application or other proceeding shall be instituted against the Crown in right of the Province as a result of the revocation of appointments under this section.
7( 8) The New Brunswick Community College Foundation/La Fondation du collège communautaire du Nouveau-Brunswick Inc. is entitled to all property and assets to which the New Brunswick Community Colleges Foundation was entitled immediately before the commencement of this section, including the property constituting the New Brunswick Community Colleges Foundation Fund.
7( 9) All debts and other liabilities of the New Brunswick Community Colleges Foundation existing on the commencement of this section or accruing after the commencement of this section are the debts and liabilities of The New Brunswick Community College Foundation/La Fondation du collège communautaire du Nouveau-Brunswick Inc.
7( 10) Any transfer of property, debts or other liabilities from the New Brunswick Community Colleges Foundation to The New Brunswick Community College Foundation/La Fondation du collège communautaire du Nouveau-Brunswick Inc. completed before the commencement of this section shall be deemed to have been validly made and is confirmed and ratified.
7( 11) On and after the commencement of this section, all gifts and bequests purportedly made to the New Brunswick Community Colleges Foundation, whether of real or personal property, shall be deemed to have been made to The New Brunswick Community College Foundation/La Fondation du collège communautaire du Nouveau-Brunswick Inc.
7( 12) On and after the date of any transfer of property under subsection (8), (10) or (11), The New Brunswick Community College Foundation/La Fondation du collège communautaire du Nouveau-Brunswick Inc. is vested with all the fiduciary duties imposed on the New Brunswick Community Colleges Foundation with respect to the property referred to in those subsections and is subject to all the terms and conditions imposed on the New Brunswick Community Colleges Foundation with respect to administering the property.
7( 13) On and after the date of any transfer of property under subsection (8), (10) or (11), The New Brunswick Community College Foundation/La Fondation du collège communautaire du Nouveau-Brunswick Inc. is vested with all the rights and powers conferred on the New Brunswick Community Colleges Foundation with respect to administering the property referred to in those subsections.