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S.M. 2012, c. 43
Bill 300, 1st Session, 40th Legislature
The Jewish Child and Family Service Incorporation Act
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(Assented to June 14, 2012)
WHEREAS the following persons by their petition prayed that Jewish Child and Family Service should be incorporated: Samuel B. Nitikman, Isabel Wolinsky, Frank Billinkoff, Israel Brotman, Myer Galpren, Leonard Davis, Leo Meltzer, Ada Schacter, Fanny Mindess, Abe Schwartz, Jenny Artenstein, Leah Pullmer, Sarah Wiseman, Sam Boroditsky, Harry Fainstein, Morris Gray, Abe Kanee, James Ben Zion Smalley, Harry Walsh, Joseph Gershfield, Annie Harris, David Thompson, Ruvin Lyons, Hattie Wilder, Moses Cohen, Benjamin A. Shuckett, Alice Lawrence, Charlotte Mass, Sara Nitikman and Bessie Stuart;
AND WHEREAS Jewish Child and Family Service was incorporated by An Act to incorporate Jewish Child and Family Service, assented to March 31, 1952, and was continued by The Jewish Child and Family Service Incorporation Act, R.S.M. 1990, c. 80;
AND WHEREAS Jewish Child and Family Service is a child and family services agency under The Child and Family Services Act;
AND WHEREAS on the 60th anniversary of Jewish Child and Family Service and to honour the memories of the original petitioners and their vision, the following persons, namely Ruth and David Asper, Marjorie and Morley Blankstein, Sheri Winters and Bruce Caplan, Simone and Ben Cohen, Carla Becker and Raymond Deutscher, Heather Leonoff and David Deutscher, Robert Dalgliesh and Daniel Friedman, Deborah Gray, Nora Kaufman, Rose, Paul, Marcia and Alan Knight, Harriet and Edward Lyons, Ahava Halpern and Frank Lavitt, Sheree Walder and Richard Morantz, Cheryl Ashley and Michael Nozick, Gail Asper and Michael Paterson, Ian Rabb, Mona and David Rich, Mara Zimmerman and Stephen Segal, Mara and Shane Silver, have presented a petition requesting that The Jewish Child and Family Service Incorporation Act be replaced with the following;
AND WHEREAS it is appropriate to grant the petition;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The following definitions apply in this Act.
"Agency" means Jewish Child and Family Service continued by section 2. (« office »)
"board" means the board of directors of the Agency. (« conseil »)
"by-laws" means the by-laws of the Agency. (« règlements administratifs »)
"director" means a member of the board. (« administrateur »)
"donation" includes a gift, grant, legacy, bequest, devise, testamentary disposition, deed of trust or other form of contribution. (« donation »)
"former Act" means The Jewish Child and Family Service Incorporation Act, R.S.M. 1990, c. 80. (« ancienne loi »)
"property" includes both personal and real property. (« biens »)
"registered charity" means a registered charity under the Income Tax Act (Canada). (« organisme de bienfaisance enregistré »)
2 Jewish Child and Family Service is continued as a corporation without share capital.
3 The members of the Agency are the directors and any other persons admitted as members in accordance with the by-laws.
4 The Agency is to maintain its head office in the City of Winnipeg.
5 The objects of the Agency are
(a) to provide services as a child and family services agency under The Child and Family Services Act and The Adoption Act to children whose families identify as Jewish and to adults who identify as Jewish, ensuring that the safety, security and well-being of children are of paramount consideration in providing services;
(b) to provide social services to the Jewish people of Manitoba to strengthen their lives;
(c) to work in cooperation with other community agencies to provide services to children and families in Winnipeg and throughout Manitoba to strengthen their lives;
(d) to establish, maintain, support and operate facilities for the purpose of providing services to persons in need of assistance;
(e) to advocate on behalf of the community and liaise with other community agencies to promote the needs of children and families who receive services from the Agency; and
(f) to carry out other charitable activities as determined by the board.
BOARD OF DIRECTORS
6(1) The board is to manage and administer the affairs of the Agency.
6(2) The board is to consist of the directors elected in accordance with the by-laws at the annual meeting of the members.
6(3) Each director must be a resident of Manitoba at the time of his or her election to the board and must meet any other requirements established by by-law.
6(4) The directors are not entitled to remuneration for serving as directors but are entitled to be reimbursed for their expenses as approved by the board.
7 The board may authorize the appointment of officers and employees of the Agency and may provide for the determination of their remuneration.
8 The board may make by-laws
(a) establishing one or more classes of membership, and establishing the qualifications, rights, privileges and obligations of the members of each class;
(b) establishing the number of directors, the procedure for electing or removing them and their terms of office;
(c) respecting eligibility for election or re-election as a director;
(d) respecting the calling and conduct of meetings of the board or of the members;
(e) providing for the indemnification of the directors, officers and employees of the Agency;
(f) respecting liability insurance for directors, officers and employees of the Agency;
(g) determining the fiscal year of the Agency;
(h) respecting how documents are to be executed on behalf of the Agency;
(i) respecting any other matter the board considers necessary or advisable for managing and administering the affairs of the Agency or carrying out its objects.
9 The board may establish committees and may authorize a committee to do anything the board is authorized to do, except make by-laws.
CAPACITY AND POWERS OF THE AGENCY
10 Subject to the other provisions of this Act, the Agency has the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its objects.
11(1) Without limiting section 10, but subject to section 12 (compliance with donor's conditions), the Agency may
(a) solicit and receive property by donation, transfer or otherwise for its objects; and
(b) acquire, hold and administer property wherever it is situated.
11(2) If the Agency receives, holds or administers property under a trust, it may charge reasonable fees for doing so.
11(3) The powers of the Agency may be exercised in respect of all property held by the Agency, whether it was received before or after the coming into force of this Act.
12(1) The Agency must
(a) comply with any trusts or conditions that attach to property it receives; and
(b) observe any directions of the donor expressed in the instrument creating the trust or effecting the donation to the Agency;
unless, in the board's opinion, to do so would jeopardize the Agency's status as a registered charity. In that case, the Agency may depart from the trusts, conditions or directions to the extent the board considers necessary to maintain that status.
12(2) To the extent required, the board may depart from the donor's directions or from the trusts or conditions attaching to property if
(a) the donor has died or, in the case of a corporate donor, the corporation has been dissolved; and
(b) the board is of the opinion that the departure will further the donor's true intent and purpose.
13 On the dissolution of the Agency and after payment of all its debts and liabilities, its remaining assets must be distributed to other registered charities.
14 Subject to the by-laws, The Corporations Act does not apply to the Agency.
TRANSITIONAL, REPEAL AND COMING INTO FORCE
15 On the day of the coming into force of this Act,
(a) the by-laws made under the former Act continue as the by-laws of the Agency;
(b) each director elected under the former Act continues as a director until his or her term of office expires or he or she is re-elected in accordance with the by-laws; and
(c) each member of the Agency admitted under the former Act continues as a member of the Agency.
16 The Jewish Child and Family Service Incorporation Act, R.S.M. 1990, c. 80, is repealed.
17 This Act comes into force on the day it receives royal assent.
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