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The Economic Innovation and Technology Council Act

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S.M. 1992, c. 7

The Economic Innovation and Technology Council Act

(Assented to June 24, 1992)

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

INTERPRETATION

Definitions

1           In this Act,

"chairperson" means the chairperson appointed or designated under section 8; («président»)

"council" means the Economic Innovation and Technology Council established by subsection 2(1); («Conseil»)

"Fund" means the Economic Innovation and Technology Fund established by section 17; («Fonds»)

"member" means a member of the council appointed under subsection 2(1); («membre»)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. («ministre»)

ESTABLISHMENT OF COUNCIL

Council established

2(1)        There is hereby established as a body corporate a council, to be called the Economic Innovation and Technology Council, consisting of not more than 35 members to be appointed by the Lieutenant Governor in Council.

Manitoba Research Council continued

2(2)        The council continues The Manitoba Research Council and may, under the name "Technology and Research Manitoba" or "Technology and Research Manitoba, a division of the Economic Innovation and Technology Council", carry on the activities formerly carried on by The Manitoba Research Council.

OBJECTS, POWERS AND DUTIES

Objects of council

3           The objects of the council are to foster economic development and to support economic restructuring through innovation and the development and commercialization of technology so as to enable Manitoba to compete effectively in a global market economy and, without limiting the generality of the foregoing,

(a) to advise and make recommendations to the Executive Council, through the minister, on all aspects of innovation and the development and commercialization of technology as those matters relate to economic development and restructuring, and more particularly as they relate to

(i) the resources, within and outside the government, that should be devoted to innovation and to the development and commercialization of technology, and the guidelines for the allocation of those resources,

(ii) financial incentives targeted at levering innovation, particularly research and development, that is directed towards commercial activity, and

(iii) innovation in the institutions, structures and operations of government;

(b) to recommend to business, industry, labour, government, the research community and the public, as stakeholders in the development of Manitoba ("the stakeholders"), a long-term course of action for innovation and the development and commercialization of technology;

(c) to provide on-going leadership to generate prosperity through innovation by working to bring about a substantial shift in the Manitoba economy towards an economy based more upon innovation and technology, and by providing direction and focus for future growth;

(d) to provide a forum for dialogue between, and consultation with, the stakeholders;

(e) to sponsor interaction between and among stakeholders, including the exchange or transfer of personnel, ideas, research and technology; and

(f) to facilitate the transfer of technology between and among stakeholders.

Specific powers

4           In furtherance of its objects and in accordance with this Act, and without limiting the generality of the foregoing, the council may

(a) advise on, promote, assist in and undertake studies, research and scientific inquiries;

(b) subject to the approval of the Lieutenant Governor in Council, provide grants, loans, loan guarantees and incentives on such terms and conditions, including the taking of security, as it considers appropriate;

(c) establish and operate laboratories, libraries and other facilities;

(d) set fees and charges, or determine the manner in which fees and charges are to be set, for services provided by the council;

(e) disseminate information respecting its activities and objectives, including the publication of technological and other research;

(f) subject to the approval of the Lieutenant Governor in Council,

(i) acquire and hold real and personal property or any interest therein and dispose of any real or personal property so acquired or any interest therein or any portion of the undertaking of the council, and

(ii) apply for or acquire by purchase, assignment or otherwise and hold any invention or patent of invention, copyright, trademark, industrial design or other similar property, or any right or interest therein and sell, grant, assign, or otherwise dispose of any such property so acquired or right or interest therein;

(g) acquire any property or money by gift, bequest or otherwise, and hold, expend, administer or dispose of any of the property or money, subject to any terms on which the money or property is given, bequeathed or otherwise made available to the council;

(h) subject to the approval of the Lieutenant Governor in Council, enter into contracts, including contracts for consulting services; and

(i) expend for the purposes of this Act any money appropriated by the Legislature and paid to the council or received by it through the conduct of its operations.

Powers exercisable by by-law

5(1)        Subject to the approval of the Lieutenant Governor in Council, the council may make by-laws for the regulation of its proceedings and generally for the conduct of its activities, including the establishment of a committee or committees to advise the council or to manage one or more parts of its activities.

Advisory committees

5(2)        A by-law made under subsection (1) establishing an advisory committee of the council may provide for the membership of the committee to include, in addition to members, persons who are not members, and may provide for the remuneration of those persons.

Duties of the council

6           The council shall

(a) manage the business and affairs of the council and ensure that they are conducted in accordance with this Act and the laws of the province;

(b) prepare and maintain full and accurate records of its proceedings, transactions and finances;

(c) before the beginning of each fiscal year, prepare an annual budget for the Fund and for the operations of the council apart from the Fund and, at the time and in the form that the minister requires, submit it to the minister for approval;

(d) by by-law adopt for officers and employees appointed by the council a pay plan in relation to which salaries are to be fixed by the council;

(e) by by-law prescribe travel and other expenses that are to be paid to members, officers, employees and other persons appointed under this Act or to persons utilized by the council under section 14 while in the course of performing duties under this Act;

(f) by by-law establish from among the members an audit committee and determine its powers and duties;

(g) by by-law adopt conflict of interest guidelines for members, officers and employees of the council and for persons utilized by the council under section 14;

(h) develop and maintain a multi-year operating plan and a multi-year financial plan; and

(i) at least every three years, conduct a special organizational and operational review to determine the effectiveness of the council in accordance with guidelines provided by the minister.

ORGANIZATION

Tenure of office

7           A member shall be appointed to hold office for a term of not more than three years and shall continue to hold office until the member is reappointed, the member's successor is appointed or the appointment is revoked.

Designation of officers

8(1)        The Lieutenant Governor in Council shall designate one of the members as chairperson and another as vice-chairperson of the council.

Function of vice-chairperson

8(2)        The vice-chairperson may act in place of the chairperson if the chairperson is absent or unable to act or the office of chairperson is vacant.

Interim chairperson

8(3)        In the absence or incapacity of the chairperson or vice-chairperson, or if there is a vacancy in either of those offices, the council may designate one of its members as chairperson or vice-chairperson on an interim basis.

Remuneration of members

9(1)        The chairperson, vice-chairperson and other members, other than those who are members of the civil service, shall be paid such remuneration as is fixed by the Lieutenant Governor in Council.

Expenses of members

9(2)        A member shall be paid travel and other expenses prescribed under clause 6(e) and incurred in the course of performing duties under this Act.

Meetings

10          The Council shall meet at least four times a year at such times and places in Manitoba as it considers appropriate.

Executive committee

11(1)       There is hereby established an executive committee of the council consisting of the chairperson and at least seven other members to be selected by the council.

Powers of executive committee

11(2)       The executive committee of the council may exercise the powers of the council and shall make minutes of its proceedings and submit to the council, at each meeting of the council, minutes of its proceedings held since the last meeting of the council.

APPOINTMENT OF OFFICERS AND STAFF

Appointment of chief executive officer and president

12          The Lieutenant Governor in Council may, from among persons who are not members, appoint a chief executive officer and a president of the council who shall be paid such salaries as are fixed by the Lieutenant Governor in Council and such travel and other expenses as are prescribed under clause 6(e) and incurred in the course of performing duties under this Act.

Appointment of staff

13(1)       The council may

(a) appoint such officers, other than the chief executive officer and president, and such employees as are necessary for the proper conduct of the work of the council; and

(b) prescribe the duties of those officers and employees and the conditions of their employment.

Salaries and expenses of staff

13(2)       The officers and employees referred to in subsection (1) shall be paid the salaries fixed by the council in accordance with the pay plan adopted under clause 6(d) and the travel and other expenses prescribed under clause 6(e) and incurred in the course of performing duties under this Act.

Use of civil servants

14          The council may utilize the services of

(a) such officers and employees of a department of government for such periods and subject to such terms and conditions as the minister of the department may approve; and

(b) such employees of an agency of the government for such periods and subject to such terms and conditions as the minister responsible for the agency may approve.

AGENT OF HER MAJESTY

Council agent of Her Majesty

15(1)       The council is for all purposes of this Act an agent of Her Majesty in right of the province and it may exercise its powers under this Act only as an agent of Her Majesty in right of the province.

Property

15(2)       Any property acquired by the council is the property of Her Majesty in right of the province and title to it shall be vested in the name of Her Majesty in right of the province.

Proceedings

15(3)       Actions, suits or legal proceedings in respect of any right or obligation acquired or incurred by the council on behalf of Her Majesty in right of the province, whether in its name or the name of Her Majesty in right of the province, may be brought or taken by or against the council in the name of the council.

SECURITIES

Custody of securities

16(1)       The council shall deliver all securities that are acquired by the council to the Minister of Finance for safekeeping.

Voting shares

16(2)       Where voting shares of a corporation acquired by the council are held by the Minister of Finance, the minister, or a person designated in writing by the minister for the purpose, may attend any meeting of the shareholders of the corporation and cast votes for or on behalf of Her Majesty in right of the province as shareholder.

Definition of "securities"

16(3)       For the purposes of subsection (1), "securities" means any bonds, debentures, shares, stock, notes, treasury bills, or other documents evidencing debt, and includes any document commonly known as a security.

FINANCIAL MATTERS

Fund established

17          There is hereby established a fund, to be known as the "Economic Innovation and Technology Fund," from which the council may provide grants, loans, loan guarantees and incentives authorized under this Act and pay the costs related to the provision thereof.

Money to be paid from Consolidated Fund

18          Amounts required for the conduct of the operations of the council and the Fund shall be paid out of money appropriated by the Legislature for the purpose.

Loans by government

19(1)       To the extent permitted by an Act of the Legislature, the Lieutenant Governor in Council may, in the manner provided in The Financial Administration Act, authorize the raising by way of loan of such sums as the Lieutenant Governor in Council may consider necessary for the purpose of the making of loans by the council from the Fund.

Advances and repayment of loan monies

19(2)       The sums referred to in subsection (1) may be advanced by the government to the council and shall be repaid by it to the government at such times, on such terms and subject to the payment of such interest as the Lieutenant Governor in Council may direct.

Definition

20(1)       In this section, "public moneys" means public moneys as defined in The Financial Administration Act.

Public moneys

20(2)       Money received by the council under sections 18 and 19 is public moneys.

Exception

20(3)       Money received by the council, other than money referred to in subsection (2), is not public moneys.

Deposit of money of council

21          The money of the council, from whatever source, shall be deposited in the Consolidated Fund in trust for the council.

Total of loan guarantees

22          The aggregate of the amount of loans guaranteed by the council shall not at any time exceed such amount as may be authorized for the purposes of this Act by an Act of the Legislature.

Audit

23          The Provincial Auditor shall at least once annually examine and audit the records, accounts and financial transactions of the council, prepare a report with respect to that audit and provide a copy of the report to the council and the minister.

REPORTS

Report on the state of the economy

24          The council shall, annually and at such other times as the minister may direct, make a report to the minister on the state of the Manitoba economy as it relates to innovation and the development and commercialization of technology.

Annual report

25          The council shall, annually within four months after the end of its fiscal year, make a report to the minister on the operations of the council during that fiscal year, and the report shall include the audited financial statements of the council and any other information that the minister may request.

Tabling of reports in the Assembly

26          Without delay after the minister receives a report of the council referred to in sections 24 and 25, the minister shall lay the report before the Legislative Assembly if the Assembly is then in session, and if it is not, then the minister shall lay the report before the Legislative Assembly within 15 days of the commencement of the next ensuing session.

MISCELLANEOUS

Research Council Act repealed

27          The Research Council Act, R.S.M. l987, c. R110 is repealed.

C.C.S.M. reference

28          This Act may be referred to as chapter E7 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

29          This Act comes into force on a day fixed by proclamation.