S.M. 1989-90, c. 81
Bill 101, 2nd Session, 34th Legislature
The South Western Manitoba Lodge Act
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(Assented to March 15, 1990)
WHEREAS the Town of Melita, the Villages of Waskada and Napinka and the Rural Municipalities of Arthur, Edward, Albert and Brenda desire to finance, erect, maintain and operate a home for elderly persons;
AND WHEREAS those municipalities desire to raise the monies required to erect and operate the home by way of requisitions upon the municipalities based upon the assessment of real and personal property of each of the six municipalities and of that part of the Rural Municipality of Brenda described in subsection 3(2), as may be determined from time to time;
AND WHEREAS it is considered expedient to create a body corporate and authorize it to borrow money and to issue debentures and to make levies upon the municipalities joining in the elderly persons housing accommodation plan, for the purpose of financing, constructing, operating and maintaining an elderly persons home;
AND WHEREAS the following persons by their petition, prayed that a statute be enacted: William Powne, insurance agent, George Charles Forster, farmer, both of the Town of Melita, Ivan William Vickers of the Village of Pierson, municipal clerk, and Lorne Watt of the Municipality of Albert, farmer;
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 Legislative Assembly of Manitoba, enacts as follows:
The South Western Manitoba Lodge is continued as a body corporate.
The purpose and object of the corporation is the financing, construction, maintenance and operation of a home for elderly persons to be erected within the limits of the Town of Melita and Rural Municipality of Arthur.
The affairs of the corporation shall be administered by an executive committee of persons who are resident in a municipality named in subsection (2) and that has by a vote of its ratepayers or, in the case of the Rural Municipality of Brenda, of the ratepayers resident in the part described in subsection (2), approved of joining in the elderly persons housing accomodation plan, and becoming a member of, and a participating party in, the affairs of the corporation.
The municipalities referred to in subsection (1) are the Town of Melita, the Villages of Napinka and Waskada, the Rural Municipalities of Arthur, Edward and Albert and the part of the Rural Municipality of Brenda described as townships 1, 2, 3 and 4, in range 25 west of the Principal Meridian, which is referred to in this Act as "the described part of Brenda".
Before a municipality becomes a member of the corporation, the council shall give first and second readings to a by-law approving the membership of the municipality therein, and shall submit the by-law to a vote of the ratepayers in the manner, and subject to the conditions set out in Part VIII (Finances of Municipalities) of The Municipal Act respecting the submission to the ratepayers of by-laws for borrowing money, and the by-law is subject to subsection 465(7) (approval by The Municipal Board) of The Municipal Act and shall not be submitted to the ratepayers unless there is compliance with that provision.
A by-law requiring the assent of the ratepayers applies only to the described part of Brenda.
Subject to subsection (6), upon the assent of the ratepayers to the by-law, the council shall pass the by-law and the municipality shall thereupon be a member of the corporation and shall continue to be a member as long as the corporation operates a home for elderly persons and as long as any indebtedness of the corporation remains unpaid.
Where approval is given only by an aggregate of municipalities, the combined real and personal property assessments of which is less than 85% of the total real and personal property assessments of the six municipalities and of the described part of Brenda, no municipality shall be a member of the corporation unless those municipalities so approving unanimously agree to become members of the corporation by a further by-law of the council of each of them that is approved by The Municipal Board.
Except for the chairperson, the members of the executive committee shall be selected by the councils of the municipalities that are members of the corporation, and each municipality shall appoint two persons to the executive committee.
At least one person appointed to the executive committee by the council of each municipality shall on appointment be a member of that council and, on ceasing to be a member of the council, the person shall cease to be member of the executive committee.
Subject to subsection (4) and to section 5, a person appointed to the executive committee shall hold office, unless the person sooner resigns, for three years from the date of appointment and thereafter until a successor is appointed, but the person may be re-appointed for a further term or terms.
Of the members of the executive committee first appointed, five members shall be appointed for three years, five members for two years, and the remaining members for one year each; and the members of the executive committee shall decide their respective terms of service by majority vote.
Eight members of the executive committee are a quorum.
The chairperson of the executive committee shall be selected by majority vote of members of the executive committee and shall hold office for a period of three years, notwithstanding that the person may cease to be a member of a municipal council during the term of office as chairperson.
The municipality from which the chairperson is selected shall appoint a member to the executive committee to serve for the balance of the term of the person who is selected as chairperson.
The executive committee may appoint officers and engage employees on terms, and incur expenses incidental to the affairs of the corporation, as the executive committee considers advisable.
Without restricting the generality of other provisions of this Act, the executive committee may make by-laws and regulations relating to
(a) the manner of the appointment and removal, and the duties of officers, servants and agents of the corporation, and their remuneration;
(b) the adoption of a corporate seal;
(c) the time, place and manner of calling and holding of meetings of the executive committee, and the conduct of the meetings;
(d) the fixing of the fiscal year of the corporation; and
(e) the conduct of the affairs of the corporation.
The corporation is an approved non-profit or charitable organization within the meaning of The Elderly and Infirm Persons' Housing Act, and grants may be made to the corporation under the Act
(a) without an approving resolution being passed as provided in subsection 3(1) of that Act; and
(b) without compliance by the corporation with subsection 17(5) of that Act; and
(c) notwithstanding that the corporation has incurred indebtedness for the cost of the acquisition of the land and the construction of the buildings necessary for the purpose and object of the corporation.
Notwithstanding any Act of the Legislature, the corporation may by by-law
(a) borrow money or raise money by way of loan on the credit of the corporation; and
(b) issue and sell, pledge, hypothecate or otherwise dispose of debentures of the corporation, as security for monies borrowed or raised by way of loan.
The debentures authorized under section 9 shall be 20 year serial debentures bearing interest at a rate not exceeding 7% per year; and the principal amount of the debentures due and payable in each year, together with interest on all debentures outstanding, shall be such that the aggregate principal amount and interest payable in each year shall be equal, as nearly as is reasonably possible.
Subject to section 13, notwithstanding any Act of the Legislature, the corporation shall in each year requisition from each member municipality an amount estimated to be sufficient to pay the proportionate share of the municipality of the amounts payable in that year for principal, interest and other charges on the indebtedness of the corporation secured by its debentures, together with a proportionate share of any operational deficit and of any other indebtedness of the corporation.
Subject to subsection (5), the base for the requisition made against each member municipality shall be the proportion that the total of each municipality's real and personal property assessment bears to the total real and personal property assessments of all member municipalities.
The base referred to in subsection (2) shall remain fixed for intervals of five years each, commencing with the period from January 1, 1962 to December 31, 1966, for which the 1962 assessments shall govern.
At the end of each five year period the base for the next five year period shall be adjusted to the real and personal property assessments for the last year in the five year period just expired, and the adjustments of the assessments shall be subject to authorization by The Municipal Board.
In computing the total real property and personal property of all member municipalities and the total real property, personal property and business assessments of the described part of Brenda, only the total real property and personal property of the part of the Rural Municipality of Brenda described in subsection 3(2) shall be taken into consideration.
Every by-law authorizing the debentures is, and the form and issue of the debentures are, subject to the approval of The Municipal Board, and when so approved, the by-law, debentures and the requisitions authorized under the by-law shall be valid and binding upon the corporation and the member municipalities, but The Municipal Board shall not alter the method of requisition provided in section 11.
All debentures issued under a by-law passed by the corporation under the authority of this Act are direct, joint and several obligations of the corporation and the member municipalities and each of them; but nothing in this subsection affects the rights of the corporation and of each of the member municipalities respectively as among themselves.
In each year, 95% of the operating surplus, if any, for the preceding year shall be applied in reduction of the amounts for which requisitions may be made under section 11, and 5% shall be retained as a reserve to be used at the discretion of the executive committee.
The corporation may, in addition to the powers given it by any other Act
(a) receive as a gift, buy, rent and otherwise acquire;
(b) hold, control, administer, lease, sell, lend, give and otherwise dispose of;
property of every kind, whether real or personal and wherever situated, as is necessary or desirable for its purpose and object, and may convert any property into any other form.
The corporation may invest funds received by it in any investments authorized for trustees under The Trustee Act.
Nothing in this section relieves the corporation from compliance with any express term of a trust or donation under which money or other property is received and accepted by the corporation.
The head office of the corporation shall be at the Town of Melita, or at a place in the province decided by the executive committee by by-law.
The corporation shall cause an audit to be made of its books of account and financial records, at least once in every fiscal year, by an independent auditor appointed by the executive committee; and the corporation shall cause a copy of the certified statement of the audit to be mailed or furnished to each member municipality and, on request, to each person, firm or organization that has made a donation to the corporation of not less than $500.
NOTE: The original Act is found at S.M. 1962, chapter 105.