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S.M. 2007, c. 19

Bill 17, 1st Session, 39th Legislature

The Firefighters, Peace Officers and Workers Memorial Foundations Act

(Assented to November 8, 2007)

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

Definitions

1           The following definitions apply in this Act.

"board" means the board of directors of a foundation. (« conseil »)

"foundation" means a foundation established in section 2. (« fondation »)

Foundations established

2           The following foundations are hereby established:

(a) the Firefighters Memorial Foundation;

(b) the Peace Officers Memorial Foundation;

(c) the Workers Memorial Foundation.

Corporate status

3           Each foundation is a corporation without share capital and shall be carried on without pecuniary gain to its members.

Purposes of Firefighters Memorial Foundation

4(1)        The purposes of the Firefighters Memorial Foundation are

(a) to promote the memory of firefighters who have died in the line of duty, by erecting and maintaining a monument in their honour on or near the grounds of the Manitoba Legislative Building; and

(b) to undertake any other activities the foundation considers appropriate to educate the public about the contributions made by firefighters in Manitoba.

Purposes of Peace Officers Memorial Foundation

4(2)        The purposes of the Peace Officers Memorial Foundation are

(a) to promote the memory of peace officers who have died in the line of duty, by erecting and maintaining a monument in their honour on or near the grounds of the Manitoba Legislative Building; and

(b) to undertake any other activities the foundation considers appropriate to educate the public about the contributions made by peace officers in Manitoba.

Purposes of Workers Memorial Foundation

4(3)         The purposes of the Workers Memorial Foundation are

(a) to promote the memory of workers who have died in the workplace, by erecting and maintaining a monument in their honour on or near the grounds of the Manitoba Legislative Building; and

(b) to undertake any other activities the foundation considers appropriate to educate the public about the contributions made by workers in Manitoba.

Co-operation with government

5           Each foundation must work with the government to ensure that the monument to be erected by the foundation is compatible with the design and function of the grounds of the Manitoba Legislative Building.

Powers of foundations

6           Each foundation has the powers necessary or advisable to achieve its purposes, including, but not limited to, the power to do the following:

(a) solicit and receive donations of real and personal property;

(b) convert or sell any property donated to the foundation;

(c) engage a trust company to manage or invest some or all of the property of the foundation in the manner that the foundation directs;

(d) refuse to accept any donation if, in the opinion of the board, accepting the donation is not in the interests of the foundation.

Funds to be established

7           Each foundation must establish a fund for its purposes and must

(a) deposit into the fund money received from any source;

(b) hold as part of the fund any real or personal property received from any source which is not otherwise converted or sold by the foundation;

(c) manage and invest, as the board may determine, any money and any real or personal property received by the foundation;

(d) include in the fund any income earned from the management and investment of the fund;

(e) pay from the fund the costs of erecting its monument, including the costs of designing and manufacturing the monument, as well as ongoing costs to insure and maintain the monument after its erection;

(f) pay from the fund the costs of any other activity undertaken by the foundation to achieve its purposes; and

(g) pay from the fund any administrative expenses of the foundation.

Management of foundations' affairs

8(1)        The affairs of each foundation are to be managed by a board of directors appointed or elected in accordance with this Act or the by-laws of the foundation.

Membership of foundations

8(2)        Subject to the by-laws, the directors of a foundation are its members.

First board of Firefighters Memorial Foundation

9(1)        The first board of directors of the Firefighters Memorial Foundation is to consist of five persons, appointed by the Lieutenant Governor in Council, who represent firefighters across Manitoba.

First board of Peace Officers Memorial Foundation

9(2)        The first board of directors of the Peace Officers Memorial Foundation is to consist of five persons, appointed by the Lieutenant Governor in Council, who represent peace officers across Manitoba.

First board of Workers Memorial Foundation

9(3)        The first board of directors of the Workers Memorial Foundation is to consist of five persons, appointed by the Lieutenant Governor in Council, who represent workers across Manitoba.

Term of office of first directors

10(1)       Each director on the first board of a foundation shall hold office until

(a) he or she resigns by written notice to the Lieutenant Governor in Council; or

(b) the subsequent board of the foundation is elected or appointed in accordance with the by-laws of the foundation.

No remuneration or reimbursement

10(2)       The directors on the first board of a foundation are not entitled to any remuneration or reimbursement.

Vacancies

10(3)       A vacancy on the first board of a foundation shall be filled by a person appointed by the Lieutenant Governor in Council.

Quorum

10(4)       The quorum for the first board of a foundation consists of four directors.

Calling meetings

10(5)       Any two members of the first board of a foundation may call a meeting of the board by giving not less than five days' written notice of the meeting to each member of the board, setting out the time and place of the meeting.

Mandate of first board

11(1)       Within one year after the coming into force of this Act, or such further time as the Lieutenant Governor in Council may direct, the first board of each foundation must make by-laws respecting the organization of the foundation and its board, including the following matters:

(a) the membership of the foundation;

(b) the number of directors on the board and their term of office;

(c) procedures for the election or appointment of directors, the retirement or removal of directors, and the filling of vacancies on the board.

Election or appointment of subsequent board

11(2)       The appointment or election of a subsequent board of a foundation must occur within six months after the by-laws under subsection (1) are made.

By-laws

12          The board of a foundation may make by-laws regulating its proceedings and generally for the conduct and management of its affairs, including those matters set out in subsection 11(1).

Liability of directors

13          The directors of a 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.

Donations to foundation

14          Any form of words shall be sufficient to constitute a donation to a foundation as long as the donor indicates an intention to contribute to the foundation or for purposes that are similar to those of the foundation.

Memorial foundations established by regulation

15(1)       The Lieutenant Governor in Council may, by regulation, establish one or more memorial foundations to promote the memory of paramedics and other specified groups of workers who have died in the workplace.

Corporate status

15(2)       A memorial foundation established by regulation is a corporation without share capital and shall be carried on without pecuniary gain to its members.

Contents of regulation

15(3)       A regulation establishing a memorial foundation must

(a) set out the purposes of the foundation;

(b) specify which provisions of this Act apply to the foundation and modify any of those provisions to deal with the particular circumstances of the foundation; and

(c) contain any other provisions required for the foundation to achieve its purposes.

Coming into force

16          This Act comes into force on a day to be fixed by proclamation.

 

 


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