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The Louis Riel Institute Act

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

S.M. 1995, c. 15

The Louis Riel Institute Act

(Assented to November 3, 1995)

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

Definitions

1           In this Act,

"board" means the board of directors of the Institute; (« conseil »)

"Institute" means the Louis Riel Institute incorporated by this Act. (« Institut »)

Incorporation

2(1)        The members of the board are established as a corporation without share capital.

Name

2(2)        The name of the corporation is the "Louis Riel Institute" in recognition of

(a) the unique and historic role of Louis Riel as a founder of Manitoba and his contribution in the development of the Canadian Confederation; and

(b) the Metis people who were among the first citizens in Manitoba and who played a significant role in the founding and development of Manitoba and of the West.

Purpose of the Institute

3           The purpose of the Institute is to serve as a Metis educational and cultural institute that will

(a) promote the advancement of education and training for the Metis people in Manitoba; and

(b) foster an understanding and appreciation of the culture, heritage and history of Manitoba and of the Metis people in Manitoba for the benefit of all Manitobans.

Objects

4           In furthering its purpose, the Institute may

(a) promote, undertake and support research into Manitoba history and into the culture, education and languages of the Metis people;

(b) establish, conduct and support educational and training programs;

(c) act as an advocate for the Metis people and others in the area of education and training;

(d) establish and administer scholarship programs for Metis students;

(e) provide advice and reports to the Government of Manitoba about education and cultural matters relating to the Metis people, either on its own initiative or at the request of the Government;

(f) act as a resource centre and archives for written and other materials concerning Metis education, history, heritage, culture and languages and provide and publish written and other materials relating to education curriculum development;

(g) further the educational and socio-economic development of the Metis people in Manitoba.

Powers

5           The board has all of the powers that are necessary or desirable to achieve the purpose and objects of the Institute including, but not limited to, the following powers:

(a) to acquire and hold any interest in real or personal property and to sell, mortgage, lease, or otherwise deal with or dispose of any interest in real or personal property;

(b) to solicit and receive donations or contributions of any kind;

(c) to borrow money and to give security for the repayment of money that is borrowed;

(d) to invest in any manner it thinks fit the funds of the Institute that are not required for its immediate operation;

(e) to make any banking arrangements it considers necessary;

(f) to appoint and pay the remuneration and expenses of any employees and agents that may be necessary for the administration of the Institute;

(g) to enter into agreements with governments, with public and private organizations and agencies, and with individuals.

Charitable non-profit organization

6           The Institute is established to operate exclusively as a charitable non-profit organization and no part of the income or property of the Institute shall be paid to, or otherwise made available for, the personal benefit of any member of the board except as permitted by subsection 7(5).

Composition of the board

7(1)        The board is to be composed of

(a) seven members appointed by the Manitoba Metis Federation Inc., a majority of whom must be Metis;

(b) one member appointed by the Lieutenant Governor in Council;

(c) one member from the academic staff of the University of Manitoba, appointed by the Manitoba Metis Federation Inc. after consultation with the University of Manitoba;

(d) one member from the academic staff of the University of Winnipeg, appointed by the Manitoba Metis Federation Inc. after consultation with the University of Winnipeg;

(e) one member from the academic staff of Brandon University, appointed by the Manitoba Metis Federation Inc. after consultation with Brandon University.

Additional member

7(2)        In addition, the Governor-General in Council may appoint one member to the board.

Terms of members

7(3)        The members of the board are to be appointed for terms of not more than three years and may be re-appointed.

Staggered terms

7(4)        The board may by by-law provide for the appointment, replacement, removal and retirement of its members in rotation.

No remuneration

7(5)        Members of the board are to serve without remuneration but may be reimbursed for reasonable expenses incurred by them in performing their duties as members.

Vacancy

7(6)        The board may act despite a vacancy on the board.

Chairperson

8(1)        The board members shall elect a chairperson from among themselves.

Other officers

8(2)        The board may elect any other officers that it considers appropriate.

Voting

9           Each member of the board is to have one vote, except the chairperson who may only cast a vote in the case of a tie.

By-laws

10          The board may make by-laws regulating its proceedings and generally for the conduct and management of its activities.

Auditor

11          The board shall appoint an independent auditor to audit the records, accounts and financial transactions of the Institute each year.

Report to the Lieutenant Governor in Council and the Manitoba Metis Federation Inc.

12          On request, the board shall give to the Lieutenant Governor in Council and the Manitoba Metis Federation Inc. a written report of its operations, which must include the audited financial statements of the Institute.

Dissolution or winding up

13          Upon the dissolution or winding up of the Institute, any property of the Institute that remains after the payment of its debts and liabilities is to be divided, in the manner and proportions proposed by the board and approved by a justice of the Court of Queen's Bench as being fair and reasonable, between

(a) the Manitoba Metis Federation Inc., the Governments of Manitoba and Canada, and other persons or organizations, recognizing the financial contributions that each has made to the Institute; and

(b) any other cultural or educational organization whose objects in the opinion of the board most closely resemble those of the Institute.

C.C.S.M. reference

14          This Act may be referred to as chapter L230 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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