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To ? 

SENATE 

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From..

Subject

..... 

LECTIONOF 

STUDENTS TO SENATE AND . . 

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Date.

MARCH 9, 1978 

THE BOARD - RULES OF SENATE 

MOTION 1 

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"That Senate approve change to the Rules of Senate 

by deleting the present section IV F and substituting a 

new section IV F as described in Appendix I herewith." 

If Motion 1 is approved, 

MOTION 2 a) 

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"That the new Rules of Senate adopted through Motion 1 

first be applied for the regular elections to the Board 

and to Senate being held in Spring 78-1 and thereafter." 

S

b)

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"That the new Rules not be applied to those persons now 

holding membership on the Board or Senate with term of 

office ending May 31, 1978." 

If Motions 1 and 2 are approved, 

MOTION 3 

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"That for Spring 78-1 Senate suspend the rule which 

requires that the elections of students to Senate and 

to the Board be completed by April 15th on the under- 

standing that they will be completed not later than 

April 28, 1978 (Rule J.4.)." 

Explanatory Note: 

The intent of Motion 2 b) is to permit any individual at 

present in office to continue in office until the expiration of 

the present term which expires May 31, 1978. 

Note:- 

1.

This paper is properly before Senate for discussion as requested. 

Rule VIII - Method of Amending stipulates:- 

"Alterations of these Rules of Senate shall require written 

notice at a regular meeting of Senate prior to the meeting at 

which a vote on the proposed alteration is taken, which vote 

shall require an affirmative vote by two-thirds of the voting 

members present to carry." 

The substantive paper and motions were included on the agenda 

for the regular March 6th meeting. It was indicated also at 

that meeting that petition for a special meeting likely would 

be submitted. 

2.

There have been some questions and proposals concerning formal 

"reconsideration" of the original S.78-12 and further amendments 

thereto. Because of the passage of time and subsequent meetings 

the formal process of "reconsideration" would not be in order. 

Further, if a main motion to take a desired action has been 

rejected during a current session it can be renewed - i.e. the 

same question can be introduced again at a later session (but 

in this instance requiring "notice" because it represents a 

proposed change to rules); further, the motion to reconsider 

?

is

cannot be applied when practically the same result can be obtained 

by some other parliamentary motion, which in this instance could 

be through simple amendment of the paper currently presented. 

3.

The main item of the paper is a proposed revision of APPENDIX I 

(pages 4 and 5) of Paper S.78-12B (formerly S.78-12, 12A, updated). 

For reference convenience those pages have been placed immediately 

following the current blue motion sheet. 

APPENbIX I

MW

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APPENDIX I 

IV..F. Students; Student Association; Full-Time Students 

1. For the purposes c 

i

f making nominations and/or voting in the election of 

students to the Senate or to the Board: 

'Student' means a person who is presently enrolled at the university in 

a credit course or who is designated by resolution of the Senate as a 

student; for the purposes of these elections for undergraduate students 

it includes 

i)

Those registered in a credit course or courses in the semester in 

which nominations are due, or 

ii)

Those In good standing who were registered in a credit course or 

courses in the immediately previous semester who certify that they 

intend to register again at Simon Fraser University before missing 

two consecutive registrations. 

For the purposes of these elections for graduate students it includes any 

student duly registered as a graduate student other than one who currently 

is designated with "on leave" status. 

'Student Association' means all students who are members of the alma mater 

society or the graduate student society of the university:- for the purposes 

.

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of making nominations or voting in the elections to Board and to Senate it? 

shall be deemed to consist of those students defined above. 

2. For the purpose of being a candidate In the election of full-time students 

to the Board or to Senate the undergraduate student must fulfil the condi- 

tions in F 1(i) and be registered in 9 or more semester hours credit or 

must fulfil the conditions in F 1(11) and have been registered in 9 or more 

semester hours credit at the close of the semester and certify that he/she 

intends to register in the immediately forthcoming semester in not less than 

9 semester hours. A graduate student must be duly registered as a graduate 

student other than one who currently is designated with on-leave status. 

3. A candidate's eligibility to continue to hold office as a representative of? 

students on the Board of Governors or on Senate requires the following: 

i)

Must not miss more than one registration during the one year term of 

office. 

ii)

Must not withdraw from the University or be required to withdraw from 

the University. 

hfl

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If an undergraduate student then must remain registered in an 

average of at least 9 semester hours credit in two of the three 

semesters associated with the one-year term of office, and in 

not less than 6 semester hours in each of those two semesters. 

If a graduate student must continue to be so registered through- 

out the period of office. 

is

March 9, 1978 - Now numbered S.78-12B 

SiMON FRASE

UNIVERSITY

7E-12,q

o ?

MEMORANDUM

Formerly S.78-1 

To ? 

SENATE            

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From

SENATE COMMITTEE ON 

now adjusted tc 

Feb.21, 1978 wi 

AGENDA AND RULES 

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change to page 

Subject NOTICE. 

OF MOTION - PROPOSED 

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Date. 

DECEMBER 22, 1977 

ADJUSTMENT TO SENATE RULES - 

ELECTIONS 

General Background Information 

Prior to 1974, under the then-existing provincial legislation, 

the S.F.U. senate had provided in a rather unique way for student 

representation on senate at this institution, with provision for 

three student senator seats. In those provisions senate also had 

set some conditions on the requirements of an individual student 

to be a candidate and to continue to hold membership on senate. 

These conditions included a requirement that the individual 

candidate for or in office continue to be registered in specified 

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semesters (2 of 3) in at least a prescribed minimum course load 

and with at least that minimum throughout the specified semesters. 

Throughout the same periods at this institution the requirements 

to be a student nominator or voter were less than those for 

candidates and basically required only that the individual be duly 

formally registered as a student in certain specified semesters. 

In 1974 legislation was changed in the Universities Act and it 

technically set conditions that nominators, voters, candidates had 

to be full-time students. It was quickly ascertained through 

discussions with various bodies including government representatives 

that the impacts had not been fully intended and accommodations 

were made but with some considerable unease as to legality. 

In 1977 some adjustments to the legislation were made and those 

changes now have been proclaimed. Some adjustments to the Rules of 

Senate governing elections are required. 

II The pertinent changes to legislation are as follows, (Universities 

Act) 

1. Section 1 - Interpretation 

"Student Association" means all full-time students who 

are members of the alma mater society or the graduate 

student society of a university. 

(full-time has been dropped from the definition.) 

....2 

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2.

Section 20 - The board shall be composed of fifteen 

members, as follows: 

(e) Two full-time students elected by and from the 

Student Association ? 

-

(full-time has been added to the section, and the 

words by and, have been dropped. Similarly the words 

by and are dropped from section 21 (1).) 

3.

Section 35 (2) The senate of each university shall be 

composed of 

__________________

(f) a number of full-time students, equal to the 

number provided rn clauses (a) to (f), elected 

by and from the Student Association in a manner 

that ensures that at least one student from each 

faculty is elected. 

(full-time has been added to this section and the 

words by and have been dropped.) 

These changes now provide a distinction between those who 

can make nominations and/or vote and those who can be candidates 

for or members of the Board or of Senate. Nominators/Voters 

need not be full-time, nominees/members need be. 

(UVIC has received legal opinion that to be a candidate and 

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to continue in office the individual must continue to be full- 

time in the pertinent periods.) 

III There are a number of differing definitions that are applied to 

full-time students, for differing purposes, e.g. 

full-time equivalents 

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15 semester hours is used 

full-time student 

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12 semester hours is used by 

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agreement with Stats Can. and for certain 

Ministry of Education reports. 

full-time through full course fee 

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12 semester hours was 

used and is still used by UBC for many faculties 

full-time for Canada Student Loan and B.C. Provincial. Grant 

purposes ? 

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9 semester hours is used (60% of full- 

course program.) 

Full-time for Revenue-Canada (Taxation) for $50 monthly exemptions 

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10 hours weekly is applied. 

Discussion has been held with Ministry of Education officials 

pertaining to the changes and intent, noting the provincial 

use for grant-in-aid purposes of full-time definition of 9 semester 

hours minimum, with assurances that use of this or higher value 

would be taken as falling within the intent. UBC and UVIC will 

use 12 hours as minimum. 

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/ /

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oMOTIONS 

1.

That Senate approve change to the Rules of Senate by deleting 

the present section IV. F and substituting a new section IV. F 

as described in appendix I herewith. 

If motion 1 is approved 

2.

(a) That the new rules of senate adopted through motion 1 

first be applied for the regular elections to the Board 

and to Senate being held in Spring 78-1, and thereafter. 

(b) That the new rules not be applied to those persons now 

holding membership on the Board or Senate with term of 

office ending May 31, 1978. 

Explanatory Notes: 

Regular amendments to the rules of Senate are governed by the 

rules, section VIII, Method of Amending which stipulates:- 

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Alterations of these Rules of Senate shall require written notice 

at a regular meeting of Senate prior to the meeting at which a 

vote on the proposed alteration is taken, which vote shall 

require an affirmative vote by two-thirds of the voting members 

present to carry. 

It is intended that Notice of Motion be given at the January 1978 

meeting of Senate, with voting to occur at the February meeting. 

The rules to be applied need be known at that time to permit 

completion of the extensive Spring 1978 elections by the dates 

stipulated in rules. 

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SiMON FRASER UNIVERSITY

To ? 

SUATh ? .. ? 

. kern. SMTR C(WITrU 01 AGNOM AND lULlS 

Ssd. UJCTION OF SflEITS TO sa&TR Aim . D.. flP''T U. 1978 

U BOARD - lULlS OF $1I

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1. ? 

At its meeting of February 6th Senate considered Paper 

S.78-12. It did net approve as amendment proposed to that paper 

nor the 

notions 

of the paper. That paper, 8.78-12, concerned 

itself with the Rules of Senate, Section V (copy attah.d), per- 

taming to elections of student to the Senate and to the bard, 

and to amendments to the Universities Act proclaimed Late in 

1977. 

In view of the potential serious Impacts 

that 

could arise 

from conducting election 

s

under present rules, legal opinion has 

been obtained by 

the

University. This is shown as Appendix A here- 

with. In brief that opinion indicates that further action by Senate 

would be required to Oaks the present Rules of Senate consistent with 

the Act. (Section 43 stipulates "The Senate shall sake and publish 

all

rules necessary and not inconsistent with this Mt in respect of 

nosinstions, elections, and voting, and the registrar shall conduct 

all

elections as are required.") 

It is proposed that Paper S.78-12 be further considered by 

Senate with change to subsection 3(110 of Appendix I of that paper 

new reading as follow.:- 

(with this change the paper is new numbered S.78-12A, copy attached) 

(iii) !'jf an undergraduate student then oust rernain 

registered in an average of at least 9 sster 

hours credit in two of the three semesters 

associated with the one-year tern of office, and 

In net less than 6 semester hours 

each of 

those two semesters. If a graduate student oust 

continue to be so registered throughout the period 

of office." 

2. Various methods are possible to 

consider 

the paper and the 

Canoittee has proposed that the most direct action be taken through 

notion as follows: 

"That Senate suspend the applicable Rules of Senate 

to permit debate and action on Paper 5.78-112* at the 

March 6, 1978 meeting of Senate (including Rule VIII 

In part, suspending 'Alteration, of these lLulss of 

Senate shall require written notice at a regular 

meeting of Senate prior to the ..etthj at i,bich a 

vote on the proposed alteration is taken,' but retaining 

'which vote shall require an affirmative vet, by two- 

thirds of the voting umbers present to carry." 

Under Rule IX a notion 

to

suspend the Rules requires an 

affirmative vote by two-thirds of the voting umbers present to carry- 

Similarly if approval is granted as suggested any final change to the 

Rules requires the two-third, vote. 

March 9, 1978 Note: Section 2 above applied to the March 6th meeting. 

SIIRUM, LIDDLZ

HEBENTON

BARRISTERS S SOLICITORS EIGHTEENTH FLOOR 505

9UPRARD

ST , VANCOUVER, CANADA V7X IGI

February 16th, 1978 

.

Simon Fraser University 

Burnaby, B.C. 

Attention: Mr. H. Evans, 

Registrar 

Dear Sirs: 

RE:

Student Candidates for the 

Senate and Board of Governors 

You have asked whether a student as defined in Section IV. F 

of the Rules of Senate is eligible for election to the 

board of governors or to the senate. Section IV. F states 

which students shall be considered to be the members of the 

Student Association (who constitute electors), but does not 

define "full-time students" for the purpose of determining 

student representatives eligible for election to the 

senate and board of governors. 

Accordingly, Section F does not presently deal with the 

requirement under recent amendments to the Universities Act 

that student representatives on the board and senate be 

full-time students. However, you have informed us that 

Senate proposes to apply the 

definition

of "student" in 

Section IV. F to the determination of eligible student 

representatives. The current definition includes "a person 

who is presently 

,

enrolled at the university in a credit 

course". In our 

,

opinion, a person enrolled in only a single 

credit course cannot be considered to be a full-time student 

as that term is used in the Universities Act. 

. . . . . . . . 

Page 2 

Continued 

Senate is authorized to make rules in respect of elections 

that are not inconsistent with the Act. Since there is no 

controlling definition 

of a full-time student in the Act, 

senate has 

a degree 

of

flexibility 

in establishing a 

definition but the 

definition

adopted must be consonant 

with the plain meaning of the words adopted by the 

Legislature. Webster's Living Dictionary defines "fuiltime" 

to mean "the length of time considered to constitute a complete 

work period" and "full-time" to mean "working the full 

schedule of hours: opposed. to part-time". We conclude that 

senate is not entitled, under its power to make election rules to 

redefine "full-time" to make that expression 

inconsistent

with its ordinary, plain 

meaning.

The important consequence of our opinion is that if an 

election were held in which persons who were not truly full- 

time students appear on the ballots, that election would be 

invalid and doubt

would be

cast upon all proceedings taken 

by the body in which those improperly elected took part. 

While each individual taking part in such proceedings and 

acting in good faith might be protected from personal legal 

liability under section 84 of the Act, this provision would 

not apply to "cure" defective proceedings as described above. 

We believe that senate should adopt a definition of "full- 

time student" for the purpose of determining eligible student 

representatives to the board and senate. in developing a 

definition in this context, reference could appropriately be 

made to the definitions adopted in other university contexts. 

For example, we understand that the Ministry of Education 

has adopted a definition for its purposes and that Revenue 

Canada, Taxation has adopted a definition for the purposes of 

the Income Tax Act. While these 

definitions are 

not controlling, 

they illustrate the views of other bodies as to the meaning 

of "full-time", and may be of assistance to senate in developing 

a definition for the purposes of student representatives to the 

board and senate. 

Yours very truly, 

SHRUM, LIDDLE & HEBENTON

Sholto Hebenton 

SI-I/ri 

.

rel

LJ

Exr,?c.

/,ee'm

A1 ? 

•2 ?

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F. ? 

Studen ? 

Student Association 

1.

For the purposes of 

nominations and voting in the election 

• ? of students to the Senate and to the Board: 

'Student' means a person who Is presently enrolled at the 

university in a credit course or who is designated by resolution 

of the Senate as a student; for the purposes of these elections 

for undergraduate students it includes 

I) Those registered in a credit course or courses in the 

semester in which 

nominations are due, or 

ii) Those in good standing who 

were registered in a credit 

course or courses in the Immediately previous semester who 

certify that they 

intend to register again at Simon Fraser 

University before 

missing two consecutive registrations. 

For the purposes of these elections for 

graduate students it 

S ?

includes any student duly 

registered as 

a

graduate student other 

than one who 

currently is designated with "on leave" status. 

'Student 

Association' means all full-time students who are members 

of the alma 

mater society or the graduate student society of the 

university:- for the purposes of the 

elections 

to Board and to 

Senate it shall be 

deemed to consist of those students defined 

above. 

2. A

candidate's eligibility to continue to hold office as a 

representative of students on the Board of 

Governors or 

on Senate 

requires the following: 

I) Must not miss more 

than one registration during the one 

year term of office. 

ii) Must not withdraw from the University or be required to 

withdraw from the University. 

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