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The Cancer Treatment and Research Foundation Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1994, c. 2

The Cancer Treatment and Research Foundation Amendment Act

(Assented to July 5, 1994)

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

C.C.S.M. c. C20 amended

1           The Cancer Treatment and Research Foundation Act is amended by this Act.

2           Section 2 is repealed and the following is substituted:

Membership

2           The membership of the foundation consists of

(a) the Minister of Health;

(b) the chairperson of the advisory medical board appointed under section 6;

(c) one person appointed by the board of the Health Sciences Centre;

(d) one person appointed by the board of the St. Boniface General Hospital;

(e) one person appointed by the Board of Governors of the University of Manitoba;

(f) ten persons, each from a separate geographical area of Manitoba, appointed by the Minister of Health; and

(g) seven persons appointed by the foundation subject to the approval of the Lieutenant Governor in Council.

3           Subsections 3(1) and (2) are repealed and the following is substituted:

Terms of office

3(1)        Each of the members appointed under clauses (2)(c) to (g) shall, subject to subsection (2) and unless the member sooner dies, resigns or is removed from office, hold office for a term of three years from the date the appointment becomes effective and thereafter until a successor is appointed.

Filling vacancies

3(2)        A person appointed to fill a vacancy created by the resignation, death or removal from office of a member referred to in subsection (1) before the expiration of the member's term of office shall, unless the person sooner dies, resigns or is removed from office, hold office for the remainder of the unexpired term and thereafter until a successor is appointed.

4           Section 4 is repealed and the following is substituted:

Chairperson

4(1)        The chairperson of the foundation shall be elected by the members of the foundation from among themselves.

Authority of chairperson

4(2)        The chairperson shall preside at all meetings of the foundation.

Vice-chairperson

4(3)        A vice-chairperson shall be elected by the members of the foundation from among themselves, to preside at meetings in the absence of the chairperson.

Meetings

4(4)        The chairperson of the foundation, or any three members of the foundation, may call a meeting of the foundation.

5(1)        Subsection 6(2) is repealed and the following is substituted:

Terms of office

6(2)        Each member of the advisory board shall hold office for a term of three years from the date the member's appointment becomes effective and thereafter until a successor is appointed, unless the member sooner dies, resigns or is removed from office.

5(2)        Subsection 6(4) is repealed and the following is substituted:

Appointment of chairperson

6(4)        The foundation shall, subject to the approval of the Lieutenant Governor in Council, annually appoint one member of the advisory medical board as the chairperson thereof.

6           Clause 7(j) is amended by striking out "X-ray generators and radio-active materials" and substituting "diagnostic and therapeutic radiation and radioactive materials".

7(1)        Subsection 15(1) is amended

(a) in clause (a), by striking out "and subject to subsection (2)"; and

(b) in sub-clause (b)(ii) of the French version, by striking out "elle peut".

7(2)        Subsection 15(2) is repealed.

7(3)        Subsections 15(3) and (4) are repealed and the following is substituted:

Minister of Finance as agent for foundation

15(3)        Subject as herein specifically provided or as may be ordered by the Lieutenant Governor in Council, the Minister of Finance, in his or her absolute discretion, may act as agent for the foundation in respect of the borrowing of moneys secured by bonds or debentures as herein provided, the rate of interest payable thereon and other terms upon which the moneys are borrowed, the amounts for which the bonds or debentures are issued to secure the moneys borrowed, the issue of the bonds or debentures and the terms and conditions upon which they are issued, and for those purposes the Minister of Finance has full authority to regulate and control the issue of the bonds or debentures and dispose of them as he or she sees fit, and the foundation shall comply with this section and permit the Minister of Finance to act, and if required assist him or her to act, as in this subsection provided.

Directions of Minister of Finance as to debentures

15(4)        In lieu of acting as agent for the foundation, the Minister of Finance, in his or her absolute discretion, may require it

(a) to borrow the moneys secured by the bonds or debentures as herein provided on such terms as to interest and otherwise as he or she stipulates; and

(b) to issue the bonds or debentures in such amounts and payable on such terms as he or she requires, and to dispose of them as he or she directs;

and the foundation shall comply with the stipulations, requirements and directions of the Minister of Finance given under this subsection.

7(4)        Subsection 15(6) of the English version is amended

(a) by striking out "chairman" and substituting "chairperson"; and

(b) by striking out "ebenture" and substituting "debenture".

8           Section 19 is amended by renumbering it as subsection (1) and by adding the following:

By-laws

19(2)        The foundation may, with the approval of the Minister of Health, make by-laws, not inconsistent with this Act or any regulations made under subsection (1),

(a) establishing rules for its own procedure;

(b) respecting physicians and medical support personnel of the foundation, including their appointment, qualifications and functions;

(c) respecting such other medical matters, and matters generally, relating to the objects of the foundation as the foundation considers advisable.

Coming into force

9           This Act comes into force on the day it receives royal assent.