|This archived statute consolidation is current to January 30, 2007 and includes changes enacted and in force by that date. For the most current information, click here.|
[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 20, 1959
|3||Power to hold property|
|3.1||College property exempt from real property taxes|
|5||Power to alienate|
|6||Investment of funds|
|6.1||Winding up and dissolution|
|7||Board of Governors|
|8||Appointment of Board|
|9||Powers of Board|
|10||Appointment of professors and other officers|
|11||Constitution of Senate|
|12||Rules or by-laws|
|13||Rules or by-laws entered in minute-book|
|14||Certified copy to be evidence|
|15||Power to confer degrees|
|16||By-laws as to conferring of degrees|
WHEREAS Rev. Donald Hills, Rev. Lorimer G. Baker, Rev. Graham Reeve, Mr. Gerald Anderson, and Rev. J. H. Pickford have represented that they desire to establish a Baptist theological college in connection with The Fellowship of Regular Baptist Churches 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 Rev. Donald Hills, Vancouver, B.C.; Rev. Lorimer G. Baker, Vancouver, B.C.; Rev. Graham Reeve, Vancouver, B.C.; Mr. Gerald Anderson, Vancouver, B.C.; and Rev. J. H. Pickford, Coquitlam, B.C., and such persons as may from time to time be members of the Board of Governors under the provisions hereinafter contained, shall be and are hereby constituted a body politic and corporate by and under the name of "Northwest Baptist Theological College" (hereinafter called the "College").
2 The College may affiliate with the University of British Columbia, the University of Victoria, Simon Fraser University or Trinity Western University.
3 The College shall, by the name of "Northwest Baptist Theological College," have perpetual succession and a common seal, and by such name may, from time to time and at all times hereafter, acquire by purchase, lease, gift, devise, bequest, or otherwise, and may hold, possess, and enjoy, real and personal property of every nature and kind situate either within or without the Province, and especially such lands, tenements, and hereditaments within the Province as may be necessary for use and occupation as college buildings and offices, residences for professors, tutors, students, and officers, with gardens or pleasure-grounds pertaining thereto, together with all libraries, furniture, and fixtures used in connection therewith, and the College shall have, for the purposes and benefit of the college or colleges to be established and maintained hereunder, power to sell, lease, alienate, and dispose of any such property for such consideration as may be agreed on.
3.1 (1) In this section:
"College property" means lands and improvements that are owned or leased by the College or by the Fellowship of Regular Baptist Churches of British Columbia (hereinafter called the "Fellowship") on behalf of the College and occupied and used by the College for educational purposes;
"improvements" and "land" have the same meaning as in the Assessment Act.
(2) The College and the Fellowship are, in respect of College property, exempt from payment of real property taxes under the following Acts:
(a) Assessment Authority Act;
(b) British Columbia Transit Act;
(c) Education (Interim) Finance Act;
(d) Hospital District Act;
(e) Library Act;
(f) Local Services Act;
(g) Municipal Act;
(h) Municipal Finance Authority Act;
(i) Park (Regional) Act;
(j) School Act;
(k) Taxation (Rural Area) Act.
(3) Subsection (2) applies in respect of tax payable for the taxation year 1988 and subsequent taxation years and is retroactive to the extent necessary to give it that effect.
4 The College shall have and is hereby given full power and authority to borrow such sum or sums of money from time to time as may be necessary for its purposes, either with or without security, and shall have power and authority to mortgage or pledge any or all of its lands, tenements, or hereditaments or any other of its property for securing any sum or sums of money so borrowed, or for securing any part of the purchase-money of any such lands, tenements, or hereditaments.
5 The College shall have power for the purposes of the corporation to execute deeds, agreements, bills of sale, mortgages, bills of exchange, promissory notes, and other like documents.
6 The College shall have full power and authority
(a) to invest all or any sum or sums of money of or belonging to the College, or given or bequeathed to it, in any bonds or securities of Canada or of any Province thereof, or of the United Kingdom and Northern Ireland, or in any debentures of any of the municipalities of the said Provinces, or in any securities in which life insurance companies are authorized from time to time by the Parliament of Canada to invest, and also to lend and invest any such moneys upon the security of any real or personal property, and also to make any other investments which may, by the laws of the Province, be authorized for the investment of trust funds; and the College may, under its corporate name or in the name of any person or persons as trustee or trustees, take and hold any real or personal property or any interest therein by way of mortgage to secure any such investment;
(b) to pass on and entrust to a trust company all or any sum or sums of money belonging to the College, to be held, controlled, administered, and dealt with by such trust company, subject to the provisions of clause (a), for such time and in such manner as the Board of Governors may from time to time direct.
6.1 (1) In the event of the winding up or dissolution of the College, the property of the College shall, after satisfaction of its liabilities and costs, charges and expenses properly incurred in the winding up, including the remuneration of a liquidator, be distributed to the Fellowship.
(2) The provisions of the Company Act relating to the winding up of companies apply to the College, but a reference in that Act to a special resolution shall be deemed to be a reference to a resolution.
7 The affairs of the College shall be managed by a Board of Governors consisting of not less than five and not more than twenty members, and the following shall constitute the first Board of Governors: Rev. Donald Hills, Rev. Lorimer G. Baker, Rev. Graham Reeve, Mr. Gerald Anderson, and Rev. J. H. Pickford; and the above-named persons shall continue to hold office until their successors are appointed as hereinafter provided.
8 The Board of Governors shall be appointed by The Fellowship in such manner as the Fellowship may from time to time by rule or by-law determine.
9 The Board of Governors shall have the whole management of the financial affairs of the College, and shall receive and disburse all its moneys; control, keep, and manage all its property; and transact all business relating to property and money committed to its care.
10 The Board of Governors shall have power and authority from time to time to appoint and, as they shall have occasion, to remove the Dean or other head, the professors, tutors, and masters, and all other officers, agents, and servants of the College.
11 The professors of the College, together with such persons as may be appointed from the Board of Governors and nominated by the said Board once every two years at a time to be decided upon by the Board for that purpose, shall constitute the Senate of the College, to whom shall be entrusted the reception, academic superintendence, and discipline of the students and of all other persons within the College.
12 The Fellowship 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 shall not be contrary to this Act or repugnant to the laws of the Province.
13 The said rules or by-laws shall be entered in a minute-book kept for the said purpose and signed by the President of The Fellowship, in office from time to time at the time during which the same are adopted or passed, and such books shall be deposited among the records of The Fellowship.
14 A copy of the said rules or by-laws certified under the hand of the Secretary of The Fellowship for the time being shall 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.
15 The Senate of the College shall have power to provide for the granting of and to grant degrees in theology only, including honorary degrees and certificates of proficiency in theology as the Senate may determine.
16 The Senate shall have power to 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 shall see fit.
18 (1) This Act shall be conclusively deemed to have come into force on March 20, 1959.
(2) All acts of the College, the Board of Governors, the Senate and The Convention, and powers exercised by the College, the Board of Governors, the Senate and The Convention that would have been valid but for the failure to proclaim this Act into force, are by this section confirmed and validated as of the time when those acts were done and powers exercised.
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada