IMAGE EVALUATION TEST TARGET (MT-3) 4 ///// ^? ^ Ms> 1.0 1.1 150 1^ 1^ g^ iM IIII2.0 6" IL25 IIIIII.4 IIIIII.6 J^/ v: <*m. oX ^^- %^ ^ JV '^^.'^.^'V > >^ .^ es, will be found in the Act of 1853, 16 Vict. c. 89, ss. 1" and 18, subsec|uently consolidated in C. S. U. C, c. (>2, ss. 2.')-28, where they may be more readily examined. The clauses of the Act referred to appear to have been adapted from clauses on a similar subject in the charter granted to the University of London. (T) Youi- committee would direct special attention to the legislative policy on college afliliation indicated in the preamble to sec. 2r> of C. 8. U. C, c. 62 : " In order to extend the benefits of colleges and establishments already instituted in this province for the promotion of litei'ature, science and art, whether incorpor- ated or not inorporated, by connecting them with the said University, — appar- ently inilicating that the legislative intention at that time as to atHliation was to iH'nefir. existing colleges by inducing them to educate their students in the suli- jerts of instruction pre.scribed iiy tJie University, and thereby to raise their stand- ard of scholarship. (2) The second point to be noticed is the legislative and governmental selec- tion of colleges to be Itenefited by atHliation as set out in section 2(j. That, sec- tion might, porhnps, on a critical analysis, be found capable of two constructions. < )ne consti'uctiou miyht indicate that two classes of colleges and institutions should be atHliated, viz., (a) that the then existing "Colleges" in Upper and Lower Can- A ada (section 2fi), iiiooriioiatod Ijy Ilnyal C'liarter c. Act of I'arliaiiient, slionld, with- out further proliininai'ios or designation, be entitled to tlie benefits conferred by section 2") ; ami (It) tbat as to otiicr incorporated or nnincnrporated " Institu- tions, " whctlier then existing;" or s!ibse([nently establislicd, ouly snch of them as the Governor should desin'iiate, should be entitled to such beaellts. Another con- struction niii>-ht indicate that ordysueh of the above nii.'ntii)ii"d eolleoes and insti- tutions as toe Governor should pi'('scrib;; or desii^qiatt;, should be aililiated tn the University and entitled to the l)«netits of section 20. It nuist have been mider this clause {s. 2(j) that llnivcMsity Collej^'e became atriliated to tiie University, for there is no other provision in tiie Act which under its alliliation could have been 'cteil. (;^) If the first indicated construction was the proper one to be i^iven to the section, it nught have been necessary to consider how it affeettid the other then existing' incoi'poi'ated colleges in Upper and Lower Canada, liy atiiliating them to the University; but such considuiation is perhaps 'unnecessary owing to the phraseology of section 4.3 as to prioi' applications for alliliation contained in Mr. Crooks' jVct of 187'^ (.Sd Vict. c. 21), or R. S. 0., (I>S77/, c. -JIO, s. (Jl. s.-s. :i). (4) Section 18 of the Act of 185:J, or 27 of G. S. U. G., c. 02 prescribed a diti'erent procedure for determining from what medical and law schools candi- dates for degree^ in medicine and law should be aduiitted to the University examinations. The Senate was authorized to select and report or recommend to the Governor such schools ; and when its report or recommendation was ap|)roved by the Governor, persons who had completed the prescribed course of instruction in such schools beeame entitled to be admitted to tlie lInivi'i-,-,ity examinations. By section 28 such reports as to medical and law schools nnght from time to time be varied by the Senate with the apjiroval of the Governor, by striking out any of such schools or by adding or recommending others. (5) Then followed in this latter section the aftiliation clause, declaring the relation of such colleges and schools to the University :" And all institutions from which under the three last preceding [2-), 2(5 and 27] sections, students may be examined for degrees, shall be said tr- be atHliated foi- that purpose to the University." III. — (0 'I'he amimding Act of 187;^', 30 Vict. c. 29, sub.sequently consolidated with the Act, G. S U. C. c. 02, above cited, in K. S. G. (1877), c 210, gave to the affiliated Colleges the I'-'ht to i'e]iresentatiou on the Univeisity Senate (s. 11); re-established convocation, and gave to the gi'aduates in convocation (see .sec. 21" of the Act of 1873), " the power of deciding upon the recognition, ujKjn such terms as the Senate shall propose, of the affiliation of any college or school with the .said University." The Legislature, liowever, sul)se(|uently altered this by tho Act, 40 Vict. c. 16, s. 20, so as to make it read as in R. S. G. c. 210, sec. 04, sub- .sec. 4, " the power of discussing upon such terms as the Senate shall propose, the atEliation of" any college or scliool with the said iMiiversity." By the University Federation Act of 1887 (JiO Vict. c. 4li, s. 59), this limiteil powei- of convocation was repealed. (2) The Act (R. S. G. c. 210^ further provided (s. 01) that the Senate might, by statute in that behalf, with the approval of the Lieutenant-Governor in (coun- cil, presci'il)e that any college, school or other institution tstablished for instruc- tion in tlie subjects specified in the section, should be " ileemed to be afliliated with the said University for the purpose of admitting therefrom as candidates " at the University examinations " such persons as may have respectively com- pleted in .such college," etc., the course of instruction prescribed by the Senate. to (')) Pow'or was also Lfivoii to the Si'iiate, with the like consent of, the Lieu- tenant-Governor in Council, to remove any such atHliatcd college, etc., " from its said connection with the said University." (4) The chiusc (s. Gl) delinin^' what eolle^-es, etc., should he deemed to be atliliati'd, provided (suli-sec. -i) that e.\ce[)tini4 such colleges, etc., as were in con- nection with tlie IJiuversit}' " under special applications heretofore made in that hehalt," oi' as might hecome so in coid'oiinity with the provisions therein C(jn- taiiied, and e.\L'e[)ting I'niversity College, and the law and medical schools allili- at(id under sec. 18 of the .Vet of 1(S').'I, " no other college, school or institution shall Iif deemed or taken to he afliliatcd for any l)urpose with the University." IV. In ISoS-l- the 11. S. 0., e. 2:0, was amended hy 47 Vic. e. 4(1 ; and in 18«7 the present I'luversity Federation Act was ])assed, 50 Vict., c. 43, now 11. S. 0. 18S7, c. 2'<0, hy which some of the previous statutory piovisions respecting atliliation were varic(l as follows: (1 ) ,\ new ]'e!ati()U to the University was established, viz, Federated I'nivcr- sitics and Federated Colleges. (i) h'cih'iated colleges were defined to he all colleges in Toronto then in atliliation to the University, not being Scliools of Medicine. (o) Alllliated ( 'olleges were defined to be: id) Colleges aiiiliated with a Federating Uiuversity (sec. S, sub-sec. 1, and sec. .").'), sub-sec. '.]). (1)} Schools of .Medicine then in atliliation with the University (.see. 8, sub- .see. 2, and see. Oo, and sub-sec. M). ((•) Colleges, solioois or other institutions,- then in connection with the Uni- versity '■ uniler special applications" theretofore nuide (sec. .53, sub-see. 3). ('/) University College (sec. 5.S, sub-see. 3). ((•) Schools of Law and ^[edicine atliliated under sec. 18 of the Act of 1S')3 (see. 53, suli-.sec. 3). (/') Colleges, schools or other institutions there titer making application for afHliation and atHliated by statute of the Senate (sec. 53, sub-sec. 1). And by the latter part of sec. 53, sub-sec. 3 it was enacted that excepting the above " no other college, school or institution shall be deemed or taken to be affiliated for any purpose with the University." (4) Your committee consider that under the statutory provisions res])ecting atliliation since their first enactment in LS53, the colleges, schools and other institutions afhliated to the University should be active educational or teaching institutions in wliich students should be educated and enabled to complete their studies in some branch of learning, or in some iivt or science according t) a cour.se of instruction prescribed bv the University ; and they refer to the provisions of .sec- tion 3 of the Act of Ls53 (also C. S. U. C, c. G2, s. 3, and R. S. 0., c. 210. .s. 4), Hunting the functions of the University to the e.xamuiination of candidates for degrees, etc., in the several faculties ; and also to sections 3S (sub-sees. 2, 3 and 4), 52, 53 (sub-see. 1), 54 and 55 of the University Federation Act and other sections in the Acts above referred to. V. — (1) The right to representation on the Universitj' Senate was origin;Uly conferred upon atliliated colleges, .schools and other institutions by 3t) Vict., c. 29, s. 3 (li. S. O., c. 210, s. 11), and is now regulated by section 11, sub-sec. 2, R. S.O. (1887), c. 230. The colleges an\ving colleges in Toronto were in afliiiation with the University and became Federated Colleges under the Act : St. Michael's College, under Statute No. 182, pa'^sed on the 14th March, 1881. Wyclifle College, under Statute No. loG, passed on the 21st May, 1885. Knox College, under Statute No. 165, passed on the 14tli November, 1885. With respect to the Toronto Baptist College j'our comiiiittee leport that it Avas originally affiliated to the University under a statute (No. 1 5S) passed on the 3rd July, 1885. But by the Act 50 Victoria, e. 95 (1887) its corporate exist- ence was united with that of Woodstock College, and the two institutions were mei'ged into "one corporation under the name of ^IcMaster Universit}"," and the united institutions were placed under 4he management and administration of one board of governors. No provision was made for continuing the afliiiation of the college to the University of Toronto ; while the University into which it was merged w%'\s placed under the following provision (s. 12), respecting iifhliation with certain other. institutions : "The haid University shall not hava the power or right to establish, maintain or be connected with any school or college in theology other than Toronto Baptist College, '^or the right to affiliate, under any conditions, with any other school or college in theology." Your committee consider that under the Act in que.stioi , the Toronto Baptist College has ceased to exist as a separate corporation and college, and has become merged in, and now forms an integral part of, McMaster Univer.*it\' ; and that the affiliation of the Toronto Baptist College to the University of 'j'oronto ceased on and after the date at which the Act merging it in the McMaster University came into operation, viz., 1st November, 1887. II. Medical Schools. In 1874 the Senate appointed a committee to consider the general (juestion of the affiliation of medical schools to the University, which committee reported wh thu that the then sy.steiu of afliliiition was uiisatisfactorv, and reoonimonded that t)ie whole (juestion .sh< ' ' he reconsi(h'red, and with thnt view that all existint^ atrdia- tions of schools of . acine should he cancelled. The question \, ■ . fuithei' discussed between the Senate, tlie Executive Ciovern- nient and the alliliated schools of medicine, and resulted in a lull report from the Senate to the Provincial Government, dated the 4th April, LS7(!. On the 31st Octolier, lS7fi, the Minister of Education, after reviewing,' the whole ((Uestion, made the following,' recommendation to the Lieutenant-Governor in (Council : "The undersigned would, in view of the forcgoiii;^' circumstances, respectfully reconnrend tliat the report of the Senate be concurred in by your Elonor in council, and that the sevei'al schools of medicine affiliated, or claiming to be Jifliliated, witli the University t)f 'J'oronto, by the said report of the Senate in the yeur IS54, be no longer considered athliated with the University, in order that the Senate may be placed in a position to fully eonsidtsr the sulyect of affiliation under the circi m- stances set forth in tlieii' report of the 4th April, 1876, and tliat such former aililiution I)e deemed to cease at the expiration of the academic year now current." This recommendation was concurred in by the Executive Council, and an order of the Lieutenant-Governor in Council was passed on the 14tli November, 187(5, jjfiving it effect. The documents settiny sec- tion 12 of the Act it was provided that for the purpose of its students being enabled to procure university honors or degrees it should be lawful for the school to affiliate with any University or Universities empowered to grant .such degrees, upon such terms as the said school and such University jr Universities miglit agree. Subsequently, and on the 27th June, 1877, this medical school was affiliated to the LT^ni versify by statute No. 113, which reads as follows : " Whereas the Senate, on the 12th June, 1877,i)assed certain resolutions con- taining tlie terms upon which medical colleges or schools applying for affiliation should be admitted thereto; " And whereas the Trinity School of Medicine, after eommunication to it of the said resolutions, has applied to be affiliated to tlie University in accordance with the terms of the saiil resolutions ; " And whereas it appears proper, luider the circumstances, to grant the said application ; " That in compliance with the said application, and in pursuance of and sub- ject to the terms of the said resolutions, the Trinity School of Medicine be, and the same is hereby affiliated to this University." The resolutions and the proceedings of the Senate thereon will be found in Sessional Paper No. 55 to the Journal of the Legislature of Ontario, 1879, and also in S(!ssional I'lipor No. 20 to tlw Joinnal of tlie T-cn-islatuiv, ISSI. 'I'lic first ni' tlic •il)()\(' scries of rrsoiutioiis roads ns follows : " Firstly, I lint iio mrilifal sclinol or ro!li';.,'(' .'ilioiiM lie iidiiiitti!*! to or contiiiucil in alliliation wliicli is or hccoiiit'S coimoctcd witli aiiotlu'r imivi'rsity, t'itlicr as its medical fiiculty oi' hy its profissors or Icctnn'rs ImIm^' the ('Nainiiit;is for the dei^'rct's, lioiKtrs, scOiolai'sliip oi' staiidinii; of aiiotlicr iiiiiviM'sity ; or its lioldinuf out in any way tliat its cxaniinatioiis will l)e accopttMl by aiiotht'i' iinivi'isity as entit- ling to dfi^'rees, honors, scliolarships or standi pl,'. " Providtv] that thi;; shall not |)i'eclude anyone or more indi\idual proftj.ssors oi" lecturers, bonn fidr, Ixooniinini;' examiners in another univ(M'«ity, the intent lieini;' that the faculty of any afiiliated collene, or ;uiy pari thereof, shall not he pernutteil suhstantially to eonduct. the e\;iminations oi" tlieii' own students for degjrees, honois. scholarshijis or ^tandin^;' in anitther university. " An}' school applyiuiif t) he iiililiateil shall he Infnrmed of this ree'ulation, and shall be i'e(pnred t(j enter int(^ an nndertakini;- to oliserve it ; subjt'et to tin express condition that upon breach of sui h uiidertalcinj,' the statute shall be repealed and alliliation cancelled.'' At the meetinir of the Senate, held on tlu; '2."th June, !S77, the application of Tiinity Medical School, a])pl}'iny; for afiiliation to the University on the terms contained in the above resolutinn, was laid befoi'e tlu; Senate ; and on the 27th ■lune, i!S77, the attove statute aHiliatinu: the Trinitv Medical School to tlie Univer- sity was ])as,sed. In the annual announconient of Trinity .Nb,'dical (JuUeife for lS!);}-4, it is stated that the colleufe is in atliliation with Trinity University, the Cniversity of Toronto, Queen's Univer.sitj'' and the University of Manitoba. i'^'om the calendars of Trinity Univeisity, accessible to youi- committee, it appears that on several occasions a large proportion of the examiners in medi- cine in tl.'at institution have been selecteil from the staff of Trinity McMlical College, as the Ibllowing table will show: In 1884, (i out of 8 ; in 1885, out of 9 : in 188(J, out of ^9; in 1888, (i out of 9 ; in 1890, 9 out of 12; in 1891, 9 out of 14 ; in 1892, 9 out of 13 ; in 189:], 10 out of 14. Your connnittee also learn that wliilst Tiinity Medical College sends up antmally large numbers of students to the examinations of Trinity University, during the years 188G-1S90, inclusive, only live students, and for the last four years none at all from that college have presented theniselves a.t the examina- tions of the T'niversity of Toronto. These facts unexplained deserve the best consideration of the Senate. loronto Hchool of Medicine was afHliated to the University by Statute No- 114, passed on the same 27th of June, 1877, and on the same terms and condi- tions as the Trinity Medical School. The application of llie Toronto School of Medicine, applying for athliation on the terms contained in the resolutions of the " Senate passed on the 12th June, was laid before the Senate on the 2.")th .fune, and the statute above mentioned was passe', and in hSM-l- (47 Vic, c. !)■'{). Under tlie latter Act its University powers wore, revoked ; its i^nadnates and undergraduates were ineorpoi;ited into Victoria University, and it was, hy see. >S, atliliated to that Utiivcrsity, and declai'ed entitled in respect of such ntliliation to two representatives on the St'iiate .>f Victoria Univer- sity. The ri!.;'])*^ of this colleu^e to repiesentatioii on the Senate was conferred bv the Act of ls7-'{, ami is continued bv the presi^nt Universitv Federation .\ct, liS.O,, (1SS7), c. 2:i(). (hitdriii Aiiriciilfurdl Co/Zer/f was established by the Legislature and Govern- ment of Ontario, in ISNO, and is now managed n.ider the provisions of ll.S.O., lcS^7, c. 'I'V'i. I'>y sec. JO of that Act, the liieulenant-(iovernor in Council, as the governing body of the institution, " may agree with the University of Toi'onto for till' atHliation of tlie said college with the University, but only to the extent of enaliling the stmlents of the said college t > obtain at the examinations of the University such rewards, honor.s, standing, scholarships, diplomas or degrees in agriculture as the University may be allowed to confer." By Statute No. 189, jjassed on the 17th .May, 18^)S, this college was atHliated to the University, and * its right to repi'esentation on the Senate depends upon tiie state of the law regu- lating college representation on the Senate when the statute of aHiliation was ])iis-)ed. Riii/dl ('olle(/i' of Doitdi Suirj^'ons of (hititrio was atliliated to the University by Statute No. 192, passed on the :i5th ^biy, 18.SS, and its right to representation on the Senate depends upon the law then in force. School of ]^ry Statute No. 277, pns.sed on the yOth September, l.S'J2, tlie sieoiid elimse of winch is as follows: " Huron ('olleye shall have the rij^ht of representation on the Senate when and so lonj; as it is nnathliated with any other University. Your committee have ])re|iared n draft statute on the afliliutiou of collefje.s, schools and other institutions,' which is herew'th Jippeiided. Your connnitteo. desire to acknowledjjfo tin' kindness of Lord ( 'hancellor Herschell, Chancellor of the University ol liomlon, in transmitting^' the report o*' iho Roval Connni.sHion on the i)ropost(l (iiesliam Univei-sity, jind (»thi;r docu- ments which have heen heljifnl and su^'j^e.stive to tlu; committee in considering the tjtiestions referred to them by the Senate. All which is respectfully submitted. THOMAS HOlXilNS, Ckairnuuh. Statiti-: i)N Tin: .Vfimi-iation of Corj-EOEs, Sciioot.s ani> o'I'hkii Institutionm TO THE UmVEUSITV OF ToilONTO. I'he Senate of tho University of Toronto enacts as follows : 1. That every college, school, or other institution coming within the descrip- tion of such institutions contained in sectio;i ij'.i, suii-section I of the Revised Statutes of Ontario, (l!S87j, chapter 2:^0, hereafter applying for atHliation to the TJniversity of Toronto, shall comply with the regulations and conditions pre- scribed by this statute. 2. The application for affiliation to the University sluill be made to the Senate bv the corporation or governing body estaljlishing and controlling the management and property of .such college, school or other institution and shall set forth — (i() 'I'he educational purposes for which the said college, school or other institution was established, and the date of its establish uient. (h) The subjects and period of study prescribed for its students. {(•) The professors and teachers engaged therein, and their dep'>rtments of instruction. ((/) The average nnmb(;r of atudents attending the siune, based upon the yearly attendance for the three years next preceding the application '(<■•: uliili- ation. (e) An estimate of tlie probable average number of students which may pie- sent themselves at the University examinations. (f) Whether such college, school or other institution is affiliated to or with any other University or College in Ontario. li. The Haid corixtnition or other jjovcrninj^ hody sliall also furnish Htich other inforiimtioii ns may I'l; rt.Mjiiirrd hy thf ScDiito or hy any ooiiimittfo to wliich the So"atf may rd'tM' its application For atliiiation. 4. TluM'«^ shall lie a Standin;^ (.'ominittoo of tlio Sunatc on atfiliatioTi, which shall consist of mcndici.s of tliu Scnati' to which every application for alhliation sliall lie rcfcired, and which comiiiittee shall investii^'atv! the facts set forth in the said a])plicatioii, and report upon the same and whether tl>o appli- cation should ]'■; <,'ranted with, or without, representation on the Scnato ; ami, if the application is approved, they shall also report a statute to carry the same into eifecl. On any reference hy th(,' Senate the committee shall also imiuire into an such teaching institution as dcHned in the fifth clause of this statute, shall thereby forfeit its right to atliiiation, and als(j its right to representation nn the Senate (if any). 7. The right of any such college, scho(jl or other institution to representation on the Senate shall depend upon — {(t) The application therefor by the said corporation, or governing body as aforesaid. (h) A special statute to be passed by the Senate for that piirpose. 8. The forfeiture of atHliation shall be effected by a statute to be introduced upon the adoption by the Senate of a report of the Standing Committee on affili- ation showing that the conditions of affiliation set forth in this statute have not been observed. B