Appendix 2 – Agreement of Association Between Dalhousie University and King’s College, 1 September 1923

This agreement made this first day of September, in the Year of Our Lord One Thousand Nine Hundred and twenty-three.

Between the Governors of King’s College, Windsor, a body corporate under the provisions of Chapter 66 of the Acts of the Legislature of Nova Scotia for the year 1853, (hereinafter referred to as “King’s College” or King’s)

of the One Part

And the Governors of Dalhousie College, Halifax, a body corporate under the provisions of Chapter 24 of the Acts of the Legislature of Nova Scotia for the year 1863, (hereinafter referred to as “Dalhousie”)

of the One Part

Whereas, the University of King’s College located at Windsor in the Province of Nova Scotia was founded in the year 1789 and in the year 1802 was, by Royal Charter, endowed with university powers and has since the said date to the present time functioned as a university granting degrees in Arts, Science, Law and Theology, and by said Chapter 66 was incorporated as aforesaid as a body politic and corporate having a common seal and succession forever under the name of “Governors of King’s College, Windsor”, and so incorporated was granted all the usual privileges of a university with the powers of administration necessary for the management of its affairs and executing the purposes of its foundation;

And whereas Dalhousie University was, in the year 1818 at the instance of Lord Dalhousie, then Governor of the Province of Nova Scotia, established in the City of Halifax in said Province where it has since exercised the usual powers and privileges of a university for the study of Arts and Science, as well as giving instruction in the professional courses of Law, Medicine, and Dentistry, and by Chapter 24 of the Acts of the Legislature of the Province of Nova Scotia for the year 1863, the Board of Governors of the said University were created a body corporate under the name and style of the “Governors of Dalhousie College, Halifax,” with the powers necessary for the conduct of the affairs of the said University and the carrying out of the objects of its foundation;

And whereas there are in the Maritime Provinces of Canada other institutions of learning having and exercising university powers and privileges in addition to the institutions of learning above named;

And whereas it has for a long time been thought by many interested in liberal and professional education in the said Maritime Provinces that the circumstances existing in such Provinces render it expedient that some method be adopted by which such educational work might be carried on with greater efficiency than is possible under present conditions;

And whereas it is thought by the parties to These Presents that the cause of higher education in the Maritime Provinces would be much advanced by the adoption of a scheme of federation in which the resources of the various existing institutions of learning may be so combined that the duplication of effort incident to the maintenance of a number of colleges and universities might be avoided and an institution established capable of supplying the requirements of the people and at the same time preserving, so far as possible, the traditions of the constituent colleges;

And whereas commissioners appointed by the Carnegie Corporation of New York to investigate and report upon the educational resources and needs of the institutions of higher learning in the Maritime Provinces of Canada in a report to the said Carnegie Corporation recommended the federation at Halifax aforesaid of the said institutions of higher learning;

And whereas from time to time various efforts have been made to promote some scheme of federation, and particularly at a conference of the representatives of the various institutions held at Halifax, December 12th, A.D. 1922, at which a plan of federation was unanimously agreed to contingent upon the acceptance of the same by the authorities of the various institutions having power in that behalf and the obtaining of adequate government or other financial assistance;

And whereas it is found to be at present not practicable to bring about a complete federation of all the said institutions as proposed in said plan contingently agreed upon as aforesaid;

Now therefore the parties to this Agreement having in view the considerations above set out and desiring to promote, and as a step toward, such federation and in the hope that the same many ultimately be established, have agreed upon the terms of association following, the same to be binding on the parties hereto until the consummation of a further federation of the existing colleges, institutions and universities upon the basis proposed by the representatives at the conference above referred to or upon some other basis of union or confederation which may be hereafter agreed to.

1. King’s shall remove from Windsor to Halifax, and locate on the Dalhousie campus, or on a site adjacent and convenient thereto.
2. King’s shall erect whatever buildings it considers desirable or necessary for the housing of the students enrolled with it, for the teaching of Divinity and such first year Arts classes as are referred to in Section 18, and for devotional and recreational purposes. The general architectural features (type of architecture, materials, etc.) if erected on the Dalhousie campus, shall be in keeping with the buildings already erected at Studley, and meet with the approval of the consulting architects of Dalhousie University.
3. Nothing in these Terms of Association shall affect the right of King’s to the absolute control or disposal of its present buildings and grounds at Windsor.
4. King’s shall transfer to Dalhousie its library collections other than those in Divinity, except such as may be set apart by the Dalhousie University Librarian for the library of the residence of King’s. All books retained in the University Library shall be catalogued and marked as the property of King’s.
5. King’s shall transfer to Dalhousie all its scientific apparatus and collections, with an inventory thereof.
6. King’s shall hold and administer all its present funds and endowments and any additions which may be made thereto.
7. The Carnegie Corporation shall be asked to transfer to a trustee to be mutually agreed upon by King’s and Dalhousie, any moneys which it may give to King’s for the joint benefit of King’s and Dalhousie. The form of the Deed of Trust shall meet with the approval of the Governing Boards of King’s and Dalhousie. Such Deed of Trust shall contain the provision that should King’s cease involuntarily to function continuously according to these proposed Terms of Association such trust fund is to become the absolute property of Dalhousie.
8. King’s shall apply the income from all funds it may receive in the future for endowment of instruction in other than Divinity for the joint benefit of Dalhousie and King’s.
9. King’s shall have absolute control over the appointment and payment of its administrative and executive officers, its staff in Divinity and all necessary employees for the maintenance of its buildings and grounds.
10. King’s shall retain its corporate entity with its desired form of government and its name.
11. King’s shall hold in abeyance its power of granting degrees except in Divinity.
12. King’s shall hold its present funds and endowment intact and expend only the income arising therefrom.
13. King’s may use all or part of the income arising from its present funds and endowment, not now expended for the teaching of Divinity, for administrative and maintenance purposes, or for further teaching in Divinity.
14. King’s shall use the income from the funds it may receive from the Carnegie Corporation, as under Section 7, and until such funds are received the amount given by the Corporation as an annual equivalent for the payment of professors or instructors in Arts (as opposed to Science) subjects.
15. No appointment of any professor or instructor, except in Divinity on the foundation of King’s shall be made by King’s until the approval of the Board of Governors of Dalhousie University of the proposed appointee shall have first been secured.
16. The departments in which such professors or instructors may be appointed shall be determined, firstly, by the need for enlargement of the staff of the present departments of Dalhousie University to take care of the combined student body of Dalhousie and King’s, and, secondly, by the provision of departments not now existing, or inadequately existing, therein. The following are the most needed appointments based on these criteria at the present time, (1) Classics, (2) Moderns, (3) English and Rhetoric, (4) English Language and Literature, (5) Mathematics, (6) History, (7) Economics (and Sociology), (8) Applied Economics, (9) Mathematical Physics, (10) Psychology, (11) Pedagogy, (12) Librarian, (13) Sociology, (14) Accounting, (15) Commerce (Law), (16) Romance Languages, (17) Canadian History, (18) Philosophy.
17. The same scale of salaries as may from time to time prevail in Dalhousie University shall be adopted by King’s for all appointees on the Foundation of King’s, except in Divinity.
18. All the classes in the Faculty of Arts and Science given by the staff of Dalhousie University and all the classes given by the staff on the foundation of King’s except in Divinity, shall be open on equal terms to the Students of Dalhousie and King’s, except that the Arts staff supported on the foundation of King’s may give instruction to the first year students of King’s only in Latin, French, English, Mathematics, and History to the exclusion of other students.
19. The curriculum and academic regulations of the Faculty of Arts and Science of Dalhousie University shall govern the work given by the staff on the foundation of King’s, except in Divinity, and the first year work referred to the Section 18 shall be identical in the two institutions.
20. Scholarships, prizes, etc., now awardable by King’s in Arts subjects shall not be affected by these Terms of Association.
21. The name of King’s College may appear on the BA or B.SC. Diploma granted by Dalhousie University when the recipient has been a student enrolled in Arts at King’s during his course.
22. Undergraduate, but not Special, students registered in Arts or Science at King’s previously to May 1st, 1923, shall be at liberty to proceed to their degrees under the regulations now in force in King’s and receive their degrees from King’s. If such undergraduate students elect to proceed to their degrees in Dalhousie University they shall receive pro tanto standing in Dalhousie for work already done in King’s.
23. Graduates in Arts or Science of King’s shall be eligible to proceed to the corresponding Master’s degree in Dalhousie University on the same conditions as graduates of Dalhousie. Those graduates in Arts or Science of King’s who have already received approval of their candidature for the M.A. or M.SC. degree at King’s shall be at liberty to proceed to those degrees and receive their degrees from King’s.
24. Dalhousie University shall conduct all matriculation and other examinations in Arts and Science for the students of both institutions, but King’s shall have the right to conduct matriculation examinations in June, 1924, unless Dalhousie University shall make provision for such examinations.
25. (a) Dalhousie, if so desired by King’s within three years from date, shall convey to King’s a portion of the present “Studley” campus, not exceeding five acres, for the purpose of King’s establishing itself thereon, on the express condition that, should King’s cease involuntarily to function continuously according to these proposed Terms of Association such ground and the buildings thereon shall revert to Dalhousie University, and Dalhousie shall, if so desired by King’s, pay King’s as compensation for the buildings a sum of money to be fixed, in default of agreement by arbitration, on the basis of their then value to Dalhousie for University purposes. King’s shall not place any mortgage or other encumbrance on such ground or on the buildings thereon. (b) In the event of King’s taking part in a Confederation such as that embodied in the report of the Conference of Universities on December 12th, 1922, the fore-going provisions shall apply mutatis mutandis to King’s in its then relationship to the Central University.
26. Dalhousie University shall find means to make two vacancies in the Board of Governors and nominate to the Governor-in-Council persons to fill such vacancies after consultation and agreement with a committee of three appointed for such purpose by the Governor Board of King’s, and their successors shall be appointed in the same manner.
27. The staff appointed on the foundation of King’s, except in Divinity, shall have the same rights to membership on the Senate and Faculty of Arts and Science of Dalhousie as members of the staff of that university.
28. All Students, except Divinity Students, shall register in Dalhousie University, and pay to that University the Registration fee.
29. Arts and Science students of King’s shall enroll in King’s but no charge therefor shall be made.
30. Male Students of Dalhousie University in any faculty, may, at the discretion of King’s, enroll in King’s for residential purposes only, and in such case shall be subject to the discipline of that institution.
31. King’s shall be responsible for the discipline of all students enrolled therein, except in such matters as, in the opinion of the Senate, affect the general good of the University (which shall be under the Senate) and may require all such students to attend College Chapel or other religious excercises.
32. King’s shall fix its own charges for board and lodging in the residences conducted by it.
33. The Bursar of Dalhousie University shall collect all tuition fees, except in Divinity, from all students on the basis of the regulations of Dalhousie University. He shall pay over to King’s the fees paid by those students enrolled in Arts and Science in King’s except as follows: (a) He shall retain the fees paid for all Sciences classes, also (b) A sum of $25.00 for each such student enrolled in King’s to cover use in common of University Buildings, campus, libraries, and general University expenses and incidentals. This amount shall be subject to change as experience and equity warrant. Note: With regard to (a) it is to be understood that this statement of the amount to be retained for science classes holds only for the year 1913-24. On account of the high cost of giving instruction in Science as compared with Arts, the amount retained by Dalhousie for each Science class must be re-adjusted as an investigation of the account books of the University warrant as equitable. King’s must contemplate sharing equitably with Dalhousie the augmented cost for staff, apparatus and buildings made necessary by the addition of King’s students to those of Dalhousie.
34. As soon as the present students enrolled in King’s School of Law at St. John, N.B., shall have completed their courses, such School shall be discontinued by King’s.
35. Nothing in these Terms of Association shall compromise the right of King’s to take part as a separate and sovereign entity in negotiations to enter a federation along the lines embodied in the report of the conference of December 12th, 1922, as soon as such federation is feasible through adequate financial support from governmental or other agency.
36. This Association shall begin September 1st, 1923.
37. This Agreement of Association shall terminate only in the case of the federation referred to in Section 35 coming into existence or in the event of King’s ceasing involuntarily to function continuously according to these proposed Terms of Association.
38. These Terms of Association may be altered at any time by mutual consent. In witness whereof The Board of Governors of Dalhousie University have caused the corporate seal of said University to be hereunto affixed and these Presents executed on its behalf by George S. Campbell, Chairman, and Colonel W. Ernest Thompson, Secretary, of said Board of Governors; and the Board of Governors of King’s University have caused the corporate seal of said University to be hereunto affixed and these presents executed on its behalf by the Most Reverend Clare L. Worrell, Archbishop of Nova Scotia, Chairman, and Reverend Dr. Voorhees E. Harris, Secretary of said Board of Governors, the day and year first hereinbefore mentioned.

Signed Sealed and Delivered in the presence of:

(Signed) Evan P. Wainwright

The Board of Governors of Dalhousie College:

(Signed) G. S. Campbell, Chairman

(Signed) W. Ernest Thompson, Secretary

(Signed) Clare L. Worrell, Archbishop of Nova Scotia, Chairman Board of Governors, King’s College

(Signed) Voorhees E. Harris, Secretary of the Board of Governors of King’s College