S.M. 1989-90, c. 89
Bill 101, 2nd Session, 34th Legislature
The Virden and District Elderly Persons Housing Corporation Act
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(Assented to March 15, 1990)
WHEREAS the Town of Virden, the Village of Elkhorn, and the Rural Municipalities of Wallace, Pipestone, Archie, Woodworth and Ellice 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 requisitions on the municipalities, based on the assessment of real and personal property and business assessment of the six municipalities and of that part of the Rural Municipality of Ellice described in subsection 3(2) as may be determined from time to time;
AND WHEREAS, for these purposes it is considered expedient to create a body corporate and authorize it to borrow money, issue debentures and make levies on the municipalities joining in the housing accommodation plan for the purpose of financing, constructing, operating, and maintaining an elderly persons home;
AND WHEREAS the following persons have by their petition prayed that a statute be enacted: David Gilmour Rodger, municipal clerk, Hugh James McNeill, merchant, Harvey Cecil Odell, farmer, and Cyril William Buckingham, barrister, all of the Town of Virden;
AND WHEREAS it is expedient to grant the prayer of the petition;
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 Virden and District Elderly Persons Housing Corporation 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 in the Town of Virden.
The affairs of the corporation shall be administered by an executive committee of persons who are resident in a municipality that is named in, or in part of the Rural Municipality of Ellice that is described in, subsection (2), and that has, by vote of its ratepayers, or in the case of the Rural Municipality of Ellice, of the ratepayers resident in the part described in subsection (2), approved of the municipality joining in the elderly persons housing accommodation plan and becoming a member of the corporation.
The municipalities referred to in subsection (1) are the Town of Virden, the Village of Elkhorn, the Rural Municipalities of Archie, Wallace, Pipestone and Woodworth, and that part of the Rural Municipality of Ellice described as follows: sections 2 to 11 and sections 14 to 23 in township 16 and range 29, west of the principal meridian in Manitoba, referred to in this Act as "the described part of Ellice".
Before a municipality becomes a member of the corporation, the council shall give first and second reading 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 V of The Municipal Act respecting the submission of money by-laws to rate-payers; but any such by-law shall be deemed to be a by-law to which subsection 465(7) (approval of the Municipal Board) of The Municipal Act applies and shall not be submitted to the ratepayers unless there is compliance with that section.
Any by-law requiring the assent of the ratepayers may be made applicable to only the described part of Ellice.
Subject to subsection (6), on the assent of the ratepayers to the by-law, the council shall pass the by-law and the municipality shall then be a member of the corporation and continue to be a member as long as the corporation operates a home for elderly persons and any indebtedness of the corporation is unpaid.
If approval is given by only an aggregate of municipalities, the combined real and personal property assessments and business assessment of which, including the real and personal property assessment and business assessment of the described part of Ellice, is less than 85% of the total real and personal property assessments and business assessments of the six municipalities and of the described part of Ellice, no municipality may be a member of the corporation unless the 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 members to the executive committee, as follows:
(a) the Town of Virden, and the Rural Municipalities of Pipestone and Wallace: three members;
(b) the Rural Municipalities of Archie and Woodworth: two members;
(c) the Village of Elkhorn and the Rural Municipality of Ellice: one member.
At least one person appointed by the council of each municipality shall, on appointment, be a member of that council and, subject to subsection 5(1), on ceasing to be a member of the council, the person shall cease to be a member of the executive committee.
Subject to subsection (4) and to section 5, each member of the executive committee shall, unless the person sooner resigns, hold office for three years from the date of appointment and thereafter until a successor is appointed; and the person may be 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; and the majority of all the members shall decide which members shall be selected for the respective periods of service.
Eight members of the executive committee are a quorum.
The chairperson of the executive committee shall be selected by majority vote of the 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 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 expense incidental to the affairs of the corporation, as the executive committee considers advisable.
Without restricting the generality of any other provision of this Act, the executive committee may make by-laws and regulations law relating to
(a) the manner of the appointment and removal, the duties and remuneration of all employees of the corporation;
(b) the adoption of a corporate seal;
(c) the time, place and manner of calling and holding 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 in all other particulars 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 having been 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 that 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 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 and notwithstanding any Act of the Legislature, the corporation shall in each year requisition from each member municipality the 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 its proportionate share of any operational deficit and of any other indebtedness of the corporation.
The base for the requisition made under subsection (1) shall be the proportion that each municipality's real and personal property assessment and business assessment, and in the case of the Rural Municipality of Ellice the real and personal property assessment and business assessment of the described part of Ellice, bears to the total real and personal property assessments and business assessments of all member municipalities.
The base mentioned 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 succeeding period shall be adjusted to the real and personal property assessments and business assessments for the final year in the period just expired, and the adjustments of the assessments shall be subject to the authorization of The Municipal Board.
In computing the total real property, personal property and business assessments of all member municipalities and the total real property, personal property and business assessments of the described part of Ellice, only the real property, personal property and business assessments of that part of the Rural Municipality of Ellice described in subsection 3(2) shall be considered.
Every by-law authorizing a debenture, and the form and issue of a debenture, is subject to the approval of The Municipal Board, and when so approved, the by-law, debentures and the requisitions authorized under the by-law are valid and binding upon the corporation and the member municipalities, but The Municipal Board may not alter the method of requisitioning 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; but this subsection does not affect the rights of the corporation and of each of the member municipalities among themselves.
In each year, 95% of any operating surplus 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 to 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 such property into any other form.
The corporation may invest any funds received by it in investments authorized for trustees under The Trustee Act.
Nothing in this section relieves the corporation from compliance with the 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 Virden, or at such other place in the province as the executive committee may decide by by-law.
The corporation shall cause an audit to be made of its books of account and financial records, at least once in each fiscal year, by an independent auditor appointed by the executive committee, and the corporation shall cause a copy of the certified statement of each 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 107.