C-29 - General and Vocational Colleges Act

Section 12 Disposition versions

1998-03-11

12. Every member of the board, except the director general and the academic dean, who has a direct or indirect interest in an enterprise that places his personal interest in conflict with that of the college must, on pain of forfeiture of office, disclose his interest in writing to the director general, abstain from voting on any matter concerning the enterprise and avoid influencing the decision relating to it. The member must, in addition, withdraw from a meeting while the matter is discussed or voted on.

Furthermore, a member of the staff of a college must, on pain of forfeiture of office, abstain from voting on any matter concerning his employment status, remuneration, fringe benefits and other conditions of employment, or those of the category of employees to which he belongs. The member must, in addition, after having had an opportunity to present his views, withdraw from a meeting while the matter is discussed or voted on.

The second paragraph applies in the same manner to every staff member, except the director general and the academic dean, with respect to any matter concerning the remuneration, fringe benefits and other conditions of employment of other categories of employees.

Notwithstanding the second paragraph, the director general may vote on any matter concerning the employment status, remuneration, fringe benefits or other conditions of employment of the academic dean. Moreover, the academic dean may vote on any matter concerning the employment status of the director general.

1966-67, c. 71, s. 12; 1979, c. 24, s. 6; 1990, c. 4, s. 265; 1993, c. 25, s. 6; 1997, c. 87, s. 11, s. 27.

1993-07-01

12. Every member of the board, except the principal and the academic dean, who has a direct or indirect interest in an enterprise that places his personal interest in conflict with that of the college must, on pain of forfeiture of office, disclose his interest in writing to the principal, abstain from voting on any matter concerning the enterprise and avoid influencing the decision relating to it. The member must, in addition, withdraw from a meeting while the matter is discussed or voted on.

Furthermore, a member of the staff of a college must, on pain of forfeiture of office, abstain from voting on any matter concerning his employment status, remuneration, fringe benefits and other conditions of employment, or those of the category of employees to which he belongs. The member must, in addition, after having had an opportunity to present his views, withdraw from a meeting while the matter is discussed or voted on.

The second paragraph applies in the same manner to every staff member, except the principal, with respect to any matter concerning the remuneration, fringe benefits and other conditions of employment of other categories of employees.

1966-67, c. 71, s. 12; 1979, c. 24, s. 6; 1990, c. 4, s. 265; 1993, c. 25, s. 6.

1990-10-01

12. No member of a board may, directly or indirectly, himself or through an associate, have any interest in a contract with the college, derive any advantage therefrom or accept any gift, remuneration or promise in connection with his duties.

This section does not apply to a shareholder of a bona fide incorporated company or to a member of the staff of a college who is a member of the board, as regards his contract of employment; a member of the staff of a college who is a member of the board may, however, participate in deliberations but shall not vote on any matter respecting his hiring and conditions of employment or those respecting the hiring and conditions of employment of the class of employees to which he belongs. Except for the principal, a member of the staff of a college who is a member of the board shall not vote on any matter respecting the conditions of employment of other classes of employees.

Every person who contravenes any provision of this section is liable to a fine of $50 to $1 000. The person convicted of such an offence is disqualified for five years from being a member of the board of a college; he must also account to the board for any unlawful profit he has gained.

1966-67, c. 71, s. 12; 1979, c. 24, s. 6; 1990, c. 4, s. 265.

1979-06-22

12. No member of a board may, directly or indirectly, himself or through an associate, have any interest in a contract with the college, derive any advantage therefrom or accept any gift, remuneration or promise in connection with his duties.

This section does not apply to a shareholder of a bona fide incorporated company or to a member of the staff of a college who is a member of the board, as regards his contract of employment; a member of the staff of a college who is a member of the board may, however, participate in deliberations but shall not vote on any matter respecting his hiring and conditions of employment or those respecting the hiring and conditions of employment of the class of employees to which he belongs. Except for the principal, a member of the staff of a college who is a member of the board shall not vote on any matter respecting the conditions of employment of other classes of employees.

Any infringement of this section constitutes an offence and disqualifies the offender for five years from being a member of the board of a college; he must also account to the board for any unlawful profit he has gained.

1966-67, c. 71, s. 12; 1979, c. 24, s. 6.

1977-12-31

12. No member of a college shall have, directly or indirectly, himself or through an associate, any interest in a contract with the college, or derive any advantage therefrom or accept any gift, remuneration or promise in connection with his duties.

This section shall not apply to a shareholder of a bona fide incorporated company or to the professors who are members of the college as regards contracts relating to their conditions of employment, but such professors shall not participate in a vote respecting such contracts.

Any infringement of this section shall constitute an offence and shall disqualify the offender for five years from being a member of a college; he must also account to the college for any unlawful profit he has gained.

1966-67, c. 71, s. 12.