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The CancerCare Manitoba Act
This is an unofficial archived version.
This version was current from June 10, 2004 to June 16, 2010.

Note: It does not reflect any retroactive amendment enacted after June 16, 2010.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.

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C.C.S.M. c. C20

The CancerCare Manitoba Act

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

Definitions

1           In this Act,

"corporation" means CancerCare Manitoba; (« Société »)

"minister" means the Minister of Health. (« ministre »)

S.M. 2001, c. 18, s. 3.

CancerCare Manitoba

1.1         The Manitoba Cancer Treatment and Research Foundation is continued as a corporation under the name "CancerCare Manitoba".

S.M. 2001, c. 18, s. 3.

Membership

2           The membership of the corporation consists of

(a) the minister;

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

(c) one person appointed by the board of the Winnipeg Regional Health Authority;

(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; and

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

S.M. 1991-92, c. 41, s. 2; S.M. 1994, c. 2, s. 2; S.M. 2000, c. 30, s. 2; S.M. 2001, c. 18, s. 4.

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.

Re-appointment

3(3)        A member of the corporation whose term of office has expired is eligible for re-appointment.

S.M. 1994, c. 2, s. 3; S.M. 2001, c. 18, s. 4.

Chairperson

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

Authority of chairperson

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

Vice-chairperson

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

Meetings

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

S.M. 1994, c. 2, s. 4; S.M. 2001, c. 18, s. 4.

Advisory medical board

5           There shall be an advisory medical board to advise and assist the corporation in carrying out its objects.

S.M. 2001, c. 18, s. 4.

Members of board

6(1)        The corporation shall, with the approval of the Lieutenant Governor in Council, appoint the members of the advisory medical board, which shall consist of

(a) three persons selected from a panel of six nominated by the association recognized by the minister as the Manitoba Medical Association;

(b) two persons selected from a panel of four nominated by The College of Physicians and Surgeons of Manitoba;

(c) two persons selected from a panel of four nominated by The Board of Governors of The University of Manitoba; and

(d) such other persons as the corporation may deem necessary or desirable;

all of whom shall be representative of the medical profession generally, or of persons engaged in allied sciences.

Terms of office

6(2)        Each member of the advisory medical 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.

Eligibility for re-appointment

6(3)        A member of the advisory medical board whose term of office has terminated is eligible for re-appointment.

Appointment of chairperson

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

S.M. 1991-92, c. 41, s. 2; S.M. 1994, c. 2, s. 5; S.M. 2001, c. 18, s. 4 and 5.

Objects of corporation

7           The objects of the corporation are the conduct of a program of diagnosis of, treatment of, and research in, cancer including

(a) the laboratory and clinical investigation of cancer problems;

(b) the co-ordination of facilities for the treatment of cancer and for providing support and rehabilitation relating to cancer;

(b.1) the long term planning for provincial cancer control;

(c) the establishment and operation, or the assistance in the establishment and operation, of clinics in hospitals or institutions for examination and diagnosis or treatment or both of persons in the province afflicted, or suspected of being afflicted, with cancer or with any other disease or condition for the examination, diagnosis or treatment of which the clinics may thereafter become equipped;

(d) the adequate reporting of cases of cancer and the recording and compilation of data relating to cancer;

(e) the education of the public in the importance of early diagnosis and treatment of cancer;

(f) the providing of facilities for undergraduate and post-graduate study relating to malignant diseases;

(g) the training of technical personnel to assist in the examination, diagnosis, treatment or study of cancer;

(h) the adoption of such measures as may be deemed requisite for preventing or minimizing the development or spread of cancer;

(i) the correlation and co-ordination by voluntary means of the work and studies of all agencies, clinics or persons in the province that may have like objects or purposes in view or that may be carrying on similar or related work or studies;

(j) the study of radiation hazards arising from the use of diagnostic and therapeutic radiation and radioactive materials in the province, and the establishment of protective facilities in respect of those hazards.

S.M. 1994, c. 2, s. 6; S.M. 2001, c. 18, s. 4 and 6.

Annual health plan

7.1(1)      Unless the minister directs otherwise, the corporation shall prepare a proposed annual health plan for its upcoming fiscal year and submit it to the minister at the time and in the form the minister requires.

Consultations

7.1(2)      In preparing a proposed health plan, the corporation shall consult with regional health authorities and with any other persons the corporation considers appropriate, or as the minister may direct.

Content of plan

7.1(3)      A proposed health plan must

(a) state how the corporation proposes to carry out its objects and exercise its powers under this Act, consistent with any priorities set by the minister;

(b) include a comprehensive financial plan that sets out the corporation's funding requests and states how the funding will be allocated; and

(c) deal with any other matters and contain any other information the minister requires.

Role of the minister

7.1(4)      The minister may approve a proposed health plan as submitted, or may refer it back to the corporation with any directions the minister considers appropriate.

Re-submission

7.1(5)      If the minister refers a proposed health plan back to the corporation, the corporation must comply with the minister's directions and re-submit it to the minister, in which case subsection (4) applies.

Changes

7.1(6)      The corporation shall submit the following changes to the minister for approval:

(a) any change the corporation wishes to make to an approved health plan during the fiscal year; and

(b) any proposed change to an approved health plan respecting matters specified by the minister during the fiscal year, within the time the minister requires.

Subsections (4) and (5) apply to changes submitted to the minister.

S.M. 2001, c. 18, s. 7.

Funds and property of corporation

8(1)        The funds of the corporation consist of money received by it from any source including moneys granted to it for its use by the Parliament of Canada or the Legislature of Manitoba and, subject to subsection (2), the corporation has charge, control, and management, of its funds and property and may disburse, expend, or otherwise deal with any of its funds or property in such manner consistent with its objects as it may deem proper.

Limitation

8(2)         The corporation shall manage and allocate its resources, including funds provided to it by the minister or a regional health authority, in accordance with

(a) a health plan approved under section 7.1;

(b) any directions given to it under section 8.1; and

(c) any agreement the corporation has entered into with a regional health authority.

S.M. 2001, c. 18, s. 4 and 8.

Directions

8.1(1)      The minister may give directions to the corporation as to how it must use the funding provided to it by the minister or a regional health authority, and as to the organization and delivery of services.

Corporation to comply with directions

8.1(2)      The corporation shall comply with any directions the minister has given.

S.M. 2001, c. 18, s. 9.

Agreements

9           With the minister's approval, the corporation may enter into an agreement with a regional health authority, university, hospital or medical association, or any other person or organization.

S.M. 2001, c. 18, s. 4 and 10.

Employees

10          The corporation may employ a director and officers, clerks, and servants and may engage the services of experts and other persons; and may pay the director, officers, clerks, servants, experts or other persons such remuneration as it deems proper out of its funds.

S.M. 2001, c. 18, s. 4.

Auditor

11          The records, accounts and financial transactions of the corporation shall be audited each year by an auditor who shall be appointed by the corporation with the minister's written approval.

S.M. 2001, c. 18, s. 4 and 11.

Report

12(1)       Within six months after the end of each fiscal year, the corporation shall make an annual report to the minister, describing the work and progress of the corporation during the preceding fiscal year of the corporation; and the report shall include the financial statement of the corporation for the preceding fiscal year, certified by the auditor, and such other matters as the minister may require.

Other reports and information

12(2)       In addition to its annual report, the corporation shall submit to the minister any report, return, statistical information, individual data or other information about its operations that the minister requires.  The corporation shall submit the report or other information in a form acceptable to the minister and at the time the minister requires it.

S.M. 2001, c. 18, s. 4 and 12.

Right to acquire patents

13          The corporation may, with the approval of the minister, apply for, or acquire by purchase, assignment or otherwise, rights in any patent relating to any remedy for the prevention or cure of cancer and may sell and dispose thereof, or of any interest therein and grant or assign any rights which may be acquired by the corporation thereunder.

S.M. 2001, c. 18, s. 4 and 13.

Powers respecting real property

14          For the purpose of carrying out its objects, the corporation may hold and may purchase, lease or otherwise acquire real property.  But the corporation may not acquire real property for consideration unless it has first obtained the minister's approval.

S.M. 2001, c. 18, s. 4 and 14.

Borrowing

15(1)       With the minister's approval, the corporation may borrow money for the objects of the corporation, and may pledge its assets as security for money borrowed.

Securities

15(1.1)     Subject to The Hospital Capital Financing Authority Act, the corporation may issue securities.

15(2)       Repealed, S.M. 1994, c. 2, s. 7.

15(3) to (5)Repealed, S.M. 2001, c. 18, s. 15.

Form of bonds and debentures

15(6)       Any bonds whose issuance is authorized under The Hospital Capital Financing Authority Act shall bear the seal of the corporation, which may be impressed thereon or may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon and, together with any coupons attached thereto, shall bear the manual, engraved, lithographed, printed, or otherwise mechanically reproduced signature of the chairperson of the corporation; and any such mechanically reproduced seal and signature shall, for all purposes, be valid and binding upon the corporation if the bond or debenture bearing it, or to which the coupon bearing it is attached, is countersigned by an officer of the corporation appointed by the corporation for that purpose.

15(7) to (12)  Repealed, S.M. 2001, c. 18, s. 15.

S.M. 1994, c. 2, s. 7; S.M. 1996, c. 59, s. 83; S.M. 2001, c. 18, s. 4 and 15.

16          Repealed.

S.M. 1989-90, c. 24, s. 70.

Grants

17          The minister may make grants to the corporation out of money appropriated by the Legislature for that purpose.

S.M. 2001, c. 18, s. 4 and 16.

Advances for working capital

18(1)       From the Consolidated Fund, the Minister of Finance, on the requisition of the minister, may make advances to the corporation for the purpose of providing working capital to enable the corporation to make such expenditures as are required under any agreement that is in effect on, or is made after, the coming into force of this Act, between the Government of Manitoba and the Government of Canada for the furtherance of the objects of the corporation.

Repayment of advances

18(2)       Any advance or part of an advance made under subsection (1) that is no longer required for the purpose mentioned in that subsection shall forthwith be repaid by the corporation to the Minister of Finance.

Maximum of outstanding advances

18(3)       The aggregate amount of all advances made under subsection (1), after deducting therefrom all amounts repaid in respect thereof, shall not at any one time exceed $50,000.

Conditions respecting advances

18(4)       Advances made under subsection (1) may be made subject to compliance by the corporation with such conditions as the minister may prescribe; and the corporation shall comply with the conditions.

S.M. 2001, c. 18, s. 4.

By-laws

19(1)       The corporation may make by-laws, not inconsistent with this Act,

(a) respecting its internal organization and proceedings;

(b) prescribing the powers and duties of the directors and other officers or employees of the corporation;

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

(d) generally for the better carrying out of the provisions of this Act and the objects of the corporation.

By-laws not effective until approved

19(2)       A by-law of the corporation, and any amendment to it, is of no force or effect until approved by the minister.

S.M. 1994, c. 2, s. 8; S.M. 2001, c. 18, s. 4; S.M. 2004, c. 42, s. 9.

Fiscal year

20          The fiscal year of the corporation is the period of 12 months ending on March 31 in each year.

S.M. 2001, c. 18, s. 4.

Delegation

21          The minister may, in writing, delegate to any person any of the powers, duties and functions conferred or imposed on the minister under this Act.

S.M. 2001, c. 18, s. 17.