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Third Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 32

THE CENTRE CULTUREL FRANCO-MANITOBAIN ACT


Table of Contents Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

DEFINITIONS

Definitions

1           The following definitions apply in this Act.

"board" means the board of the Centre culturel franco-manitobain. (« conseil »)

"corporation" means the Centre culturel franco-manitobain. (« Société »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

CENTRE CULTUREL FRANCO-MANITOBAIN

Corporation continued

2(1)        The Centre culturel franco-manitobain is continued as a corporation without share capital, consisting of the members of the board.

Corporations Act not applicable

2(2)        The Corporation Act does not apply to the corporation.

Crown agent

3           The corporation is an agent of the Crown.

Legal capacity

4           Subject to this Act, the corporation has the capacity, rights, powers and privileges of a natural person that are necessary for carrying out its mandate.

Mandate

5           The corporation's mandate is to

(a) present, promote, foster and sponsor cultural and artistic activities in the French language for all Manitobans; and

(b) manage and develop for the purposes set out in clause (a), the buildings and property within the area where the corporation has jurisdiction under section 19.

BOARD

Responsibility of the board

6           The board must direct the business and affairs of the corporation.

Composition of the board

7(1)        The board is to consist of not more than 12 persons appointed by the Lieutenant Governor in Council.  All board members must be able to participate in the conduct of the board's business in the French language.

Nominees of Société franco-manitobaine

7(2)        At least one-half of the members of the board must be appointed from a list of persons nominated by the Société franco-manitobaine.

Consultation process for nominations

7(3)        The Société franco-manitobaine and the board shall undertake a consultative process to identify persons to be nominated under subsection (2).

Term of appointment

7(4)        Each board member is to be appointed for the term fixed in the order appointing the member.

After term expires

7(5)        After a board member's term expires, the member continues to hold office until reappointed or until the appointment is revoked or a successor is appointed.

Chair and vice-chair

8(1)        The Lieutenant Governor in Council must designate one board member as chair and another as vice-chair.

Duties of vice-chair

8(2)        The vice-chair must act as chair on the request of the chair or if the office of chair is vacant or if the chair is absent or unable to act.

Remuneration of board members

9           The corporation must pay its board members remuneration and expenses as determined by the Lieutenant Governor in Council.

By-laws for internal management

10          The board may make by-laws for the corporation's internal administration and governance and for the conduct of its business and affairs.

Quorum

11          A majority of board members constitutes a quorum of the board.

CHIEF EXECUTIVE OFFICER AND STAFF

Chief executive officer

12(1)       The board must appoint a chief executive officer of the corporation.

Duties of chief executive officer

12(2)       The chief executive office must carry out the functions and duties that the board specifies.  The chief executive officer may attend board meetings but is not entitled to vote.

Staff

13          The board or, if authorized by the board, the chief executive officer may appoint officers and employees necessary to carry on the corporation's activities and define their duties and the terms and conditions of their employment.

FINANCIAL MATTERS

Borrowing

14(1)       The corporation may borrow money, but only with the approval of the Lieutenant Governor in Council and only

(a) for temporary purposes, by way of loan from the government or by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution; or

(b) for other purposes, to the extent permitted under The Financial Administration Act or a Loan Act.

Advance out of Consolidated Fund

14(2)       Money required for a loan from government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.

Fiscal year

15          The fiscal year of the corporation ends on March 31 of each year.

Audit

16          The board must appoint an independent auditor, who may be the Auditor General, to audit the records, accounts and transactions of the corporation in each fiscal year.  The expenses of the audit are to be paid by the corporation.

ANNUAL REPORT

Annual report

17(1)       Within four months after the end of each fiscal year, the board must make a report to the minister on the activities of the corporation during that fiscal year.

Audited financial statements

17(2)       The report must include audited financial statements and any other information that the minister may request.

Report tabled in Assembly

17(3)       The minister must table a copy of the report in the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

Special report or information

17(4)       In addition to the annual report, the minister may request the corporation to provide a report or information relating to any of the corporation's operations, and the corporation must comply with the request.

PROVISIONS RELATING TO PROPERTY

Approval required to acquire or construct on land

18(1)       Except with the approval of the Lieutenant Governor in Council, the corporation may not

(a) acquire real property; or

(b) construct buildings or other facilities on real property acquired or held by it.

Real property held by the Crown

18(2)       All real property held or acquired by the corporation must be held in the name of Her Majesty in right of Manitoba.

Jurisdiction over property

19          The corporation has jurisdiction over

(a) the lands owned by Her Majesty in right of Manitoba within the area at the south-west corner of Provencher Boulevard and Rue des Meurons in The City of Winnipeg;

(b) the buildings and structures erected, or to be erected, on the lands referred to in clause (a) and used or to be used for the purposes of the corporation; and

(c) any other lands and buildings that may be subsequently acquired for the purposes of the corporation.

GENERAL PROVISIONS

Protection from liability

20          No action or proceeding may be brought against a member of the board or an officer or employee of the corporation for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

Transitional re existing board members

21           A member of the board who holds office on the coming into force of this Act

(a) continues to hold office until his or her term expires; and

(b) may be re-appointed in accordance with this Act.

C.C.S.M. reference

22          This Act may be referred to as chapter C45 of the Continuing Consolidation of the Statutes of Manitoba.

Repeal

23          Le Centre Culturel Franco-Manitobain Act, R.S.M. 1987, c. C45, is repealed.

Coming into force

24          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill replaces and modernizes the Act that establishes the Centre culturel franco-manitobain.  The Centre is responsible for presenting and promoting cultural and artistic activities in the French language, and for managing the property where it is located.