Fourth Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
THE ASSOCIATION OF FORMER MANITOBA MLAS ACT
|Table of Contents||Explanatory Note|
(Assented to )
WHEREAS an unincorporated association known as the "Association of Former Manitoba MLAs" has been formed;
AND WHEREAS at its first annual meeting on September 25, 2001, the Association agreed that it should seek incorporation by an Act of the Legislature of Manitoba;
AND WHEREAS the Association has presented a petition requesting that it be incorporated in accordance with and subject to the following provisions;
AND WHEREAS it is appropriate to grant the petition;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The following definitions apply in this Act.
"association" means the Association of Former Manitoba MLAs established by this Act. (« Association »)
"board" means the board of directors of the association. (« conseil »)
"former MLA" means a person who has served as a member of the Legislative Assembly of the Province of Manitoba. (« ex-député de l'Assemblée législative du Manitoba »)
2 There is hereby established a non-profit corporation to be known as the "Association of Former Manitoba MLAs".
3(1) The objects of the association are
(a) to put the knowledge and experience of its members at the service of parliamentary democracy in Manitoba and elsewhere;
(b) to serve the public interest by providing non-partisan support for the parliamentary system of government in Manitoba;
(c) to foster a spirit of community among former MLAs; and
(d) to foster good relations between current and former MLAs.
3(2) The association must not
(a) pursue its objects for any partisan political purpose; or
(b) advocate a position in support of any partisan political purpose.
4(1) All former members of the Legislative Assembly of the Province of Manitoba are eligible to become members of the association in accordance with its by-laws.
4(2) A person who becomes a member of the association and is then elected to the Legislative Assembly is deemed to have resigned his or her membership in the association on the day that he or she is sworn in as a member of the Legislative Assembly.
4(3) The Speaker of the Legislative Assembly is the honorary president of the association.
4(4) Other persons may be made honorary members or associate members of the association in accordance with its by-laws, and they have the rights set out in the by-laws.
5 The association may, in furtherance of its objects,
(a) initiate, finance and administer programs and activities relevant to its objects, including programs and activities by government, public or private organizations and agencies or individuals;
(b) enter into agreements;
(c) publish or otherwise disseminate information related to its objects;
(d) award scholarships for study related to its objects;
(e) give recognition, by any means it considers appropriate, for outstanding contributions to the promotion and understanding of Manitoba's parliamentary system of government;
(f) borrow money on the credit of the association;
(g) acquire, deal with and dispose of property;
(h) undertake charitable work as it considers appropriate;
(i) expend all amounts received as contributions to the association for its activities; and
(j) do such other things as are conducive to the exercise of its objects.
6 In addition to its capacity within Manitoba, the association may carry on its activities and affairs and exercise its powers in any jurisdiction outside Manitoba, to the extent permitted by the laws of that jurisdiction.
7 The head office of the association is to be at a location in Manitoba, as determined by the board.
8(1) The affairs of the association are to be managed by a board of directors comprised of the president and directors elected in accordance with the by-laws of the association.
8(2) The president is to be elected in accordance with the by-laws of the association. He or she is to preside at meetings of the board and perform such other duties as may be assigned by the board.
8(3) The board may elect from among its members a vice-president and, in the event of the absence or incapacity of the president or if the office of president is vacant, the vice-president has the duties and functions of the president.
8(4) Subject to subsection (5), the board must meet at such times and places as the president considers necessary.
8(5) The board must meet at least once in each year at the head office of the association.
8(6) On the request of a majority of the members of the board, the president must call a meeting of the board at the head office.
8(7) If the office of a director becomes vacant, the board may, in accordance with the by-laws, appoint another person to serve as a director for the unexpired term of the person whose office is vacant.
9(1) The board may authorize directors to participate by electronic means in a meeting.
9(2) A director who participates in a meeting of the board by electronic means is considered to be present at the meeting.
9(3) Unless the board decides otherwise, if a member of the board participates electronically in a meeting, the meeting is deemed to take place where a majority of the directors are gathered. In the absence of a majority at one place, the meeting is deemed to take place where the largest number of directors are gathered or where the president is in attendance, as the board may determine.
10(1) The board may make by-laws respecting
(a) membership in the association, including honorary membership and associate membership;
(b) the election or appointment of directors, their term of office, the expenses, if any, to be reimbursed to directors and the number of directors to be elected;
(c) the employment, engagement or appointment and remuneration, expenses and duties of officers, employees and agents of, and consultants to, the association;
(d) the calling and holding of meetings of the board and its committees or of the association, and the procedures by which such meetings must be conducted, including the manner of holding votes at such meetings;
(e) the appointment of patrons and honorary officers of the association;
(f) the delegation of powers to the board or a committee of the board; and
(g) generally, the administration and management of the business and affairs of the association.
10(2) No by-law of the association is valid or may be acted on until it is approved at a general meeting of the members by at least two-thirds of those members present and entitled to vote at the meeting.
11 Subject to any by-law of the association providing for the remuneration of officers, employees and agents of the association, any profits or accretions to the value of property of the association must be used to further the activities of the association, and no part of the property or profits of the association may be distributed, directly or indirectly, to any member of the association.
12(1) On petition by the association, the minister of the government responsible for regulating Manitoba corporations may dissolve the association, in the manner specified in the petition.
12(2) If the association is dissolved, any of its property that remains after paying or making adequate provision for paying its debts and liabilities must be transferred to the person or institution that the association specifies in the petition submitted under subsection (1).
12(3) Notice of a dissolution under subsection (1) must be published in The Manitoba Gazette.
13(1) On the coming into force of this Act, the Executive Committee of the unincorporated association known as the Association of Former Manitoba MLAs acquires all the powers of the board in accordance with this Act.
13(2) The members of the Executive Committee referred to in subsection (1) and the present officers of the unincorporated association continue to hold office — subject to the by-laws of the association — as if they had been appointed or elected in accordance with the provisions of this Act and the by-laws made under this Act, until their successors in office have been appointed or elected.
14 This Act comes into force on the day it receives royal assent.
This Bill establishes the Association of Former Manitoba MLAs as a non-profit corporation. The Bill provides for the operation of the association, including details respecting its membership, objects and powers.