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S.M. 1989-90, c. 75

Bill 101, 2nd Session, 34th Legislature

The Manitoba Municipal Administrators Association Inc. Act

Table of contents

(Assented to March 15, 1990)

WHEREAS The Manitoba Municipal Secretary-Treasurers Association has, by its petition, prayed that a statute be enacted, and it is expedient to grant the prayer of the petition;

AND WHEREAS by chapter 51 of the Statutes of Manitoba 1986-1987 the title of The Manitoba Municipal Secretary-Treasurers Association Act was changed to The Manitoba Municipal Administrators Association Inc. Act;

AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

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

Corporation continued

1

The Manitoba Municipal Secretary-Treasurers Association is continued as a body corporate under the name "The Manitoba Municipal Administrators Association Inc.".

General objects

2

The general objects of the association are:

(a) to promote and increase the knowledge, skill and proficiency of its members relating to municipal administration and public finance; and

(b) to promote the welfare of its members.

Membership

3(1)

Membership in the association is open to any person who is 18 years of age or older, and

(a) who is employed in a clerical capacity by a municipal corporation or local government district in the province; or

(b) who is granted or bestowed membership under the by-laws of the association.

Membership by-laws

3(2)

The association may by by-law create classes of membership, which shall include registered, associate and honorary members.

Register

4(1)

A register shall be kept by the secretary of the association, and all names of all members of the association in good standing shall be recorded in it.

Privileges of membership

4(2)

Only those members whose names appear in the register shall be entitled to the privileges of membership in the association.

Register open for inspection

4(3)

The register shall be open for inspection by the public at all reasonable times.

Contracts

5

The association may enter into contracts with any private, public, municipal or Crown corporation, to provide for members of the association and their dependants,

(a) a group retirement annuity pension plan;

(b) a group accident and sickness insurance plan;

(c) a group life insurance plan;

(d) a group hospitalization and medical payment plan;

(e) any other group plan whereby the members of the association or their dependants may derive a benefit.

Holding property

6(1)

The association may acquire and hold such real or personal property as is required for its purposes, and may sell, mortgage, lease or otherwise dispose of it.

Borrowing

6(2)

The association may borrow from any person or firm such sums of money as may be found necessary for the purposes of the association, and may secure any loan by bonds, debentures, bills of exchange, promissory notes, mortgages or any other instruments that may be considered necessary or advisable by the lender.

Investments

6(3)

The association may invest all or any of its money in any property or security whatsoever for the use and purpose of the association.

Executive council

7(1)

The affairs of the association shall be managed and regulated by the executive council, which shall consist of the president, vice-president, secretary-treasurer and such other officers as the by-laws may prescribe.

Elections

7(2)

The president and the vice-president shall be elected by the members of the association at the annual meeting of the association.

Quorum

7(3)

A majority of the executive council constitutes a quorum.

Executive council

7(4)

The executive council shall be constituted in a manner, and shall hold office for such a term, as is fixed by by-law.

Annual meeting

8(1)

A general meeting of the association shall be held annually for the purpose of electing the president and vice-president, and for such other business as may be brought before the meeting.

Regular meetings

8(2)

Regular general meetings shall be held as the by-laws of the association may provide, but at least one general meeting shall be held in each calendar year.

Secretary-treasurer

9

The executive council shall appoint a secretary-treasurer or a secretary and a treasurer, and any other office as is created by by-law.

Confirmation of by-laws

10(1)

Every by-law passed by the executive council shall, unless in the meantime confirmed at a general meeting of the association called for the purpose of considering it, have force only until the next annual general meeting and, in default of confirmation there, shall cease to have force.

Powers of executive council

10(2)

The executive council may by by-law

(a) prescribe a curriculum and a course of studies in municipal administration and public finance;

(b) provide for the establishment of a board of certification which may prescribe the subjects on which students shall be examined and the conditions upon which certificates may be granted to students;

(c) provide for the establishment of a course in municipal administration and public finance, to be known as the "Certified Manitoba Municipal Administrators Course";

(d) provide for a certificate, to be awarded to any person who successfully completes the course established under clause (c), certifying that the person is entitled to be known as and to use the title of a "Certified Manitoba Municipal Administrator";

(e) authorize the making of an agreement between the association and The University of Manitoba or any college or school for such lectures and classes or correspondence courses as may come within the course of studies prescribed;

(f) provide for the regulation of its members, including the suspension or expulsion of any member for misconduct or violation of the by-laws or regulations of the association;

(g) provide for the payment of a salary or reimbursement for expenses incurred by any authorized person undertaking projects on behalf of the association;

(h) prescribe from time to time membership fees payable by registered and associate members;

(i) provide the method of the election of members to the executive council;

(j) provide for the establishment of a constitution and for the regulation of general, special or annual meetings;

(k) provide generally for all such matters as may be deemed necessary or convenient for the administration of the association and the promotion of its objects and the welfare of its members.

Powers at general meeting

10(3)

Any by-law passed by the executive council may be repealed, amended, varied or otherwise dealt with by the association at an annual general meeting, or at a special meeting called for the purpose.

Unauthorized use of title prohibited

11

No person shall, without first having been awarded a certificate under clause 10(2)(d), use the title "Certified Manitoba Municipal Administrator" or any other title, words or letters in conjunction with the name of the person in any way representing the person to be a Certified Manitoba Municipal Administrator.

Right of employment

12

Nothing in this Act affects or interferes with the right of any person who is not a member of the association to engage in the work of a municipal clerk, treasurer, secretary-treasurer or local government administrator, or from taking clerical employment with a municipality.

Rights of persons ceasing to be members

13

Where a person ceases to be a member of the association, the person shall not, nor shall the person's heirs, assigns or successors have any claim against the funds and property of the association because or by reason of the person's membership in the association.

Surplus funds

14

Any surplus funds derived from carrying on the affairs and business of the association shall be devoted to and applied solely to promoting and carrying out its objects and purposes, and shall not be divided among its members.

NOTE:  The original Act is found at S.M. 1969, chapter 31.