Manitoba Laws

S.M. 1989-90, c. 87

Bill 101, 2^nd Session, 34^th Legislature

The Victoria Park Lodge Act

(Assented to March 15, 1990)

WHEREAS The Town of Souris and The Rural Municipality of Glenwood desire to assist in the financing of the cost of constructing a home for elderly persons at The Town of Souris;

AND WHEREAS By-law No. 1052 of The Town of Souris and By-law No. 716 of The Rural Municipality of Glenwood repectively providing for the raising of $58,292. and $42,636. by the issue and sale of debentures for the purpose of constructing a home for elderly persons at The Town of Souris have been approved by the ratepayers of the municipalities;

AND WHEREAS the sums of money approved are insufficient to construct the elderly persons home and it is proposed to create a limited dividend corporation with power to borrow additional sums of money required to construct the elderly persons home;

AND WHEREAS it is proposed to authorize the municipalities to make grants to the proposed limited dividend housing corporation for the purpose of constructing the elderly persons home;

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 advise and consent of the Legislative Assembly of Manitoba, enacts as follows:

Corporation continued

The Victoria Park Lodge is continued as a body corporate.

Purpose

The purpose and object of the corporation is the financing, construction, maintenance and operation of a home for elderly persons to be erected in The Town of Souris or The Rural Municipality of Glenwood.

Board of directors

The affairs of the corporation shall be administered by a board of directors consisting of nine members who shall be appointed as follows:

(a) the council of The Town of Souris and the council of The Rural Municipality of Glenwood shall each appoint

(i) two persons who shall be elected members of the council that appoints them, and

(ii) two persons who shall not be elected members or employees of the council that appoints them; and

(b) the council of The Town of Souris and the council of The Rural Municipality of Glenwood shall jointly appoint one person, who shall not be an elected member or employee of either council.

Chairperson

The board of directors shall elect a chairperson at the first regular meeting of the board in each year from among their number, who shall not be an elected member of either council.

Residence

All directors shall be residents of The Town of Souris or The Rural Municipality of Glenwood.

Term of office

6(1)

Directors shall hold office for two years from the date of appointment and thereafter until successors are appointed.

Terms of councillor members

6(2)

Directors who are members of either council cease to be directors on their ceasing to be members of council.

Death or resignation of chairperson

6(3)

In case of the death or resignation of the chairperson or on the chairperson ceasing to be a resident of The Town of Souris or The Rural Municipality of Glenwood, a chairperson shall be elected by the remaining members of the board for the balance of the term.

Death or resignation of member

6(4)

In case of the death or resignation of any member of the board or on a member ceasing to be a resident of The Town of Souris or The Rural Municipality of Glenwood, the council that appointed the person shall appoint another person to the board for the balance of the term.

Term of first councillor members

6(5)

One of the members appointed by the municipalities under sub-clause 3(a)(i) to the first board shall hold office for one year from the date of the appointment and thereafter until a successor is appointed, and the remaining members of the board shall hold office for a two year term.

Powers of directors

The board of directors may, as it considers advisable, engage employees on terms and conditions, and incur expenses that are necessary and incidental to the affairs the corporation and, without limiting the generality of the foregoing, make by-laws and regulations relating to

(a) the appointment, removal and duties of employees of the corporation and their remuneration;

(b) the adoption of a corporate seal;

(c) the date, time, place and manner of calling and holding meetings of the board of directors, and the conduct of meetings;

(d) the fixing of the fiscal year of the corporation; and

(e) the conduct in all other particulars of the affairs of the corporation.

Eligibility for grants

8(1)

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;

(b) without compliance by the corporation with subsection 17(5) of that Act; and

(c) notwithstanding the corporation has incurred indebtedness for the total cost of the acquisition of the land and the construction of the buildings necessary for the purpose and objects of the corporation.

Dividends

8(2)

No dividends shall be paid by the corporation to any person.

Borrowing

Notwithstanding any Act of the Legislature, the corporation may by by-law

(a) borrow or raise money by way of loan on the credit of the corporation; and

(b) issue and sell debentures of the corporation, or pledge, mortgage or hypothecate real and personal estate of the corporation, as security for monies borrowed or raised by way of loan.

Acquisition and disposal of property

10(1)

The corporation may, for its corporate purpose, buy, rent or otherwise acquire, real or personal property of every kind and description, and may sell, or otherwise dispose of, real or personal property when no longer required for its corporate purposes.

Head office

10(2)

The head office of the corporation shall be at The Town of Souris.

Grants by municipalities

11(1)

Notwithstanding any Act of the Legislature, The Town of Souris may make a grant to the corporation of a sum not exceeding $58,292. and The Rural Municipality of Glenwood may make a grant to the corporation of a sum not exceeding $42,636. for the capital cost of construction of the elderly persons home.

Source of grants

11(2)

The grants under subsection (1) shall be made out of the proceeds of the issue and sale of debentures under By-law No. 1052 of The Town of Souris and By-law No. 1052 of The Town of Souris and By-law No. 716 of The Rural Municipality of Glenwood.

Confirming by-laws

By-law No. 1052 of The Town of Souris and By-law No. 716 of The Rural Municipality of Glenwood are hereby validated and confirmed and the municipalities are authorized, subject to the approval of The Municipal Board, to issue and sell debentures under them.

NOTE: The original Act is found at S.M. 1963, chapter 113.