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The Development Corporation Amendment Act

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

S.M. 1995, c. 13

The Development Corporation Amendment Act

(Assented to November 3, 1995)

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

C.C.S.M. c. D60 amended

1           The Development Corporation Act is amended by this Act.

2(1)        Subsections 12(1) and (2) are repealed and the following is substituted:

Board of directors

12(1)       The business and affairs of the corporation shall be managed by a board of directors consisting of not less than three and not more than five directors appointed by the Lieutenant Governor in Council.

M.L.A. etc. ineligible

12(2)       No person who is a member of the Legislative Assembly of the province or a member of the Senate or House of Commons of the Parliament of Canada is eligible to be a director of the corporation.

2(2)        The following is added after subsection 12(5):

Remuneration of directors

12(6)       A director, other than one who is a member of the civil service, shall be paid the remuneration for his or her services as a director that may be fixed by the Lieutenant Governor in Council.

Expenses of directors

12(7)       A director may be reimbursed for reasonable travelling and other out-of-pocket expenses necessarily incurred in discharging his or her duties as a director.

3(1)        Subsection 13(1) is repealed and the following is substituted:

Chairperson and general manager

13(1)       The Lieutenant Governor in Council shall designate one director as the chairperson of the board and another as the general manager of the corporation.

3(2)        Subsections 13(4) to (7) are repealed and the following is substituted:

General manager as chairperson

13(4)       The general manager may act as chairperson if the chairperson is absent or unable to act or the office of chairperson is vacant.

Interim chairperson

13(5)       The board of directors may designate one of its members to act as chairperson on an interim basis if

(a) the chairperson is absent or unable to act or the office of chairperson is vacant; and

(b) the general manager is absent or unable to act as chairperson or there is no general manager because that office is vacant.

4           The following is added after section 13:

Use of civil servants

13.1(1)     The corporation may use the services of

(a) such officers or employees of a department of the 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.

Advisors and experts

13.1(2)     The board may engage the services of advisors and persons providing special, technical or professional knowledge or services and provide for and pay their remuneration.

5(1)        Subsection 14(1) is amended in the part preceding clause (a) by striking out "quarterly" and substituting "annually".

5(2)        The following is added after subsection 14(1):

Quorum

14(1.1)     A majority of the directors constitutes a quorum of the board of directors.

5(3)        Subsection 14(2) is amended

(a) in the section heading, by striking out "L. G. in C." and substituting "minister"; and

(b) by striking out "becomes effective and valid only after it has been approved by the Lieutenant Governor in Council" and substituting "must be approved by the minister".

6(1)        Subsection 15(1) is repealed and the following substituted:

Loan committee

15(1)       The loan committee of the corporation is continued consisting of

(a) the chairperson or a person acting as chairperson under subsection 13(4) or (5); and

(b) two other directors to be appointed by resolution of the board.

6(2)        Subsection 15(7) is amended by striking out "Three" and substituting "Two".

Coming into force

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