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S.M. 1993, c. 50
The Manitoba Foundation Act
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(Assented to July 27, 1993)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"educational institution" means The University of Manitoba or a university in Manitoba established under The Universities Establishment Act, a college in Manitoba formally affiliated with The University of Manitoba or a university in Manitoba established under The Universities Establishment Act, or a college in Manitoba established under The Colleges Act, that is funded primarily by the government of Manitoba and designated in the regulations; (« établissement scolaire »)
"foundation" means the Manitoba Foundation established under section 2; (« Fondation »)
"fund" means the fund established under section 7; (« fonds »)
"hospital institution" means a hospital in Manitoba as defined in The Hospitals Act that is funded primarily by the government of Manitoba and designated in the regulations; (« établissement hospitalier »)
"institution" means an educational institution, hospital institution or museum institution; (« établissement »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"museum institution" means the Manitoba Museum of Man and Nature, or a museum in Manitoba, that is funded primarily by the government of Manitoba and designated in the regulations; (« établissement muséal »)
2 A foundation, to be called The Manitoba Foundation, is established for the purposes of this Act in relation to the institutions.
3 The foundation is a corporation without share capital.
4 The foundation has, subject to the regulations, the powers of a natural person.
5 The foundation is an agent of Her Majesty in right of Manitoba.
6 The purposes of the foundation are
(a) to receive gifts of real and personal property, including money; and
(b) to make grants of money and transfers of real and personal property to support the programs and activities of the institutions.
7 The foundation shall, for the purposes set out in section 6, establish a fund for the benefit of the institutions and shall
(a) deposit into the fund money received from any source;
(b) hold as part of the fund real and personal property received from any source;
(c) manage and invest, as the trustees may determine, any money and real and personal property included in the fund;
(d) include in the fund any income earned from the management and investment of the fund;
(e) make, as the trustees may determine, grants of money and transfers of real and personal property from the fund to an institution; and
(f) pay from the fund any administrative expenses of the foundation.
8(1) The affairs of the foundation shall be managed by a board of trustees consisting of not less than three and not more than 13 trustees appointed by the Lieutenant Governor in Council.
8(2) The board shall, at all times, be composed of a majority of trustees appointed directly by the Lieutenant Governor in Council.
8(3) Subject to subsection (2), when the first institution is designated by regulation in a category of institution that represents
(a) all educational institutions;
(b) all hospital institutions; or
(c) all museum institutions;
the board shall include two trustees in respect of that category of institution, appointed by the Lieutenant Governor in Council from a list of nominees submitted by each category of institution set out in clauses (a) to (c).
8(4) Each trustee shall be appointed for a term of two years.
8(5) Each trustee shall continue to hold office after the expiry of his or her term of office until the particular trustee is reappointed, a successor is appointed or a period of three months has expired, whichever occurs first.
8(6) Each trustee may be reappointed for a second consecutive term of office, but not for a further term until a period of two years has expired after the second term.
8(7) When a trustee fails to attend three consecutive regular meetings of the board, the board may recommend to the minister that the appointment of the trustee be revoked.
8(8) The Lieutenant Governor in Council shall designate one trustee as the chairperson of the board.
8(9) In the absence or incapacity of the chairperson, or if there is a vacancy in that office, the board may designate one trustee as the chairperson on an interim basis.
8(10) A majority of the trustees appointed to the board constitutes a quorum for the transaction of business.
8(11) A trustee may be reimbursed for travelling, living and other expenses necessarily incurred in carrying out his or her duties as a trustee, but shall receive no remuneration for his or her services as a trustee.
9(1) When a person gives to the foundation money or real or personal property that is subject to directions, the board of trustees of the foundation shall, in granting that money or transferring that real or personal property to an institution
(a) give effect to any specific directions for charitable purposes made by the person; and
(b) consider any general directions for charitable purposes made by the person.
9(2) When a person gives to the foundation money or real or personal property that is intended in general to benefit a category of institution, the board shall
(a) strike a committee composed of the two trustees appointed under subsection 8(3) in respect of that category; and
(b) consider any recommendation made by the committee regarding the granting of that money or transferring of that real or personal property.
10(1) The board of trustees of the foundation may, subject to the regulations and the approval of the minister, make by-laws respecting
(a) the calling and conduct of meetings;
(b) the administration of the fund;
(c) the criteria on which grants of money and transfers of real and personal property may be made to an institution.
10(2) The Regulations Act does not apply to the by-laws of the foundation.
11 The trustees of the foundation are not personally liable for anything done or omitted to be done, in good faith and without negligence or default, in the exercise or purported exercise of a power under this Act or the regulations.
12 The fiscal year of the foundation is April 1 to the following March 31.
13(1) The Provincial Auditor shall, at least once for each fiscal year, examine and audit the books and records of the foundation and prepare and submit a report of that audit to the foundation.
13(2) The expenses of an audit are payable by the foundation from the fund as part of its administrative expenses.
14(1) The foundation shall, within 120 days after the end of each fiscal year, prepare and submit to the minister an annual report that includes its audited financial statements for that fiscal year and any other statements and reports that the minister may require.
14(2) The minister shall lay a copy of the annual report before the Legislative Assembly within 15 days after receiving it if the Legislative Assembly is then in session or, if it is not then in session, within 15 days after the commencement of the next session.
15 The Corporations Act does not apply to the foundation except to the extent that the Lieutenant Governor in Council determines.
16 The Lieutenant Governor in Council may make regulations
(a) designating educational institutions, hospital institutions and museum institutions;
(b) respecting the powers and procedures of the foundation;
(c) respecting the administration of the fund;
(d) establishing guidelines in relation to the reimbursement of expenses of trustees;
(e) respecting the winding up of the foundation.
17 This Act may be referred to as chapter F155 of the Continuing Consolidation of the Statutes of Manitoba.
18 This Act comes into force on a day fixed by proclamation.