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2nd Session, 40th 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 300

THE BRANDON AREA FOUNDATION INCORPORATION AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

WHEREAS The Brandon Area Foundation was incorporated by An Act to incorporate The Brandon Area Foundation, S.M. 1965, c. 112, and was continued by The Brandon Area Foundation Incorporation Act, R.S.M. 1990, c. 16;

AND WHEREAS the foundation has presented a petition requesting the following amendments to The Brandon Area Foundation Incorporation Act, and 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:

R.S.M. 1990, c. 16 amended

1           The Brandon Area Foundation Incorporation Act is amended by this Act.

2           The title is amended by adding "COMMUNITY" after "BRANDON AREA".

3           Section 1 is amended by striking out "Foundation" and substituting "Community Foundation Inc.".

4           Section 2 is amended by striking out ", (hereinafter called "the board"), provision for whose appointment is hereinafter made" and substituting "("the board")".

5           Section 8 is replaced with the following:

Composition of the board

8(1)        The board is to consist of a minimum of 6 members and a maximum of 12 members, one of whom must be the mayor of the City of Brandon.

Board members

8(2)         The members of the board shall be appointed or elected in accordance with the foundation's by-laws.

Board members to reside in Manitoba

8(3)        A person is not eligible to be appointed or elected to the board unless he or she resides in Manitoba.

6           Subsection 16(1) is replaced with the following:

Audit

16(1)       The board must have an audit of the financial statements of the foundation made at least once in every fiscal year by an independent auditor and must make the auditor's report available to the public.

Coming into force

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

Explanatory Note

This Bill changes the name of The Brandon Area Foundation to The Brandon Area Community Foundation Inc.

Provisions respecting the composition of the Foundation's board and the appointment of board members are changed. The minimum number of board members is reduced from nine to six. Board members are to be appointed or elected in accordance with the Foundation's by-laws.

The specific requirement to publish the Foundation's annual audit in a newspaper is replaced with the general requirement to make the annual audit available to the public.