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The Addictions Foundation Act
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This version is current as of July 21, 2017.
It has been in effect since September 1, 2015.

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C.C.S.M. c. A60

The Addictions Foundation Act

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 governors of the foundation; (« conseil »)

"foundation" means The Addictions Foundation of Manitoba as incorporated; (« Fondation »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)

S.M. 1993, c. 42, s. 3.

Continuation of corporation

2           The Addictions Foundation of Manitoba is continued as a body corporate consisting of:

(a) the members of the foundation at the date this Act comes into force;

(b) such other persons as are, from time to time, members of the board; and

(c) members of committees appointed under subsection 5(6).

S.M. 1993, c. 42, s. 4.

Aims and objects

3(1)        The aims and objects of the foundation are

(a) to assist individuals with problems involving the abuse or misuse of alcohol and other drugs and substances to make the most effective use possible of existing and potential facilities and services for the treatment and rehabilitation of those with chemical dependencies available through the foundation or through other agencies, groups and associations;

(b) to disseminate information respecting the recognition, prevention and treatment of the abuse or misuse of alcohol and other drugs and substances, and respecting the services provided by the foundation and other agencies, groups and associations concerned with chemical dependencies; and

(c) to initiate, sponsor, conduct and promote a program of research in the field of prevention of chemical dependency and the treatment and rehabilitation of individuals with chemical dependencies, and experimentation in methods of treating and rehabilitating individuals with problems involving the abuse or misuse of alcohol and other drugs and substances.

Furtherance of aims and objects

3(2)        For furtherance of its aims and objects, the foundation may

(a) establish, conduct, manage and operate hospitals, clinics and centres for the observation and treatment of, and consultation with individuals with chemical dependencies;

(b) enter into agreements

(i) with regional health authorities, hospitals and other organizations or institutions respecting the accommodation, care and treatment of individuals with chemical dependencies, and

(ii) with universities, colleges, hospitals, schools and other institutions respecting experimentation in, and study of methods of treatment of individuals with chemical dependencies;

(c) seek to co-ordinate the efforts of all agencies, private and public, that, by their activities, may contribute to the furtherances of the aims and objects of the foundation; and

(d) make grants to organizations or institutions to which clause (b) refers for the purpose of providing and carrying out such accommodation, care, treatment, experimentation and study.

S.M. 2010, c. 24, s. 2.

Board of governors

4(1)        The affairs of the foundation shall be administered in all things by a board of governors.

Membership of board

4(2)        The board shall be composed of not less than 9 or more than 15 persons appointed by the Lieutenant Governor in Council from among the citizens of the province at large who, in the opinion of the minister, have been or are active in or interested in the problem of addiction.

Quorum and authority to act

4(3)        A majority of the members of the board constitute a quorum thereof, and a vacancy on the board does not impair the authority of the remaining members to act for the board.

Chair

4(4)        The Lieutenant Governor in Council must designate one member as chair of the board.

Term of office

4(5)        The term of office for a member of the board is three years, unless the order appointing a member provides otherwise.

Term continues

4(5.1)      A member whose term expires continues to hold office until reappointed or until a successor is appointed.

Filling vacancies

4(6)        The Lieutenant Governor in Council may fill a vacancy on the board by appointing a person to fill the unexpired term of the former member.

Re-appointment

4(7)        A member of the board may be re-appointed for consecutive terms of office.  But if a member has served on the board for a continuous period of six years or longer, the person may not be re-appointed for another term until he or she is absent from the board for at least one year.

Remuneration and expenses

4(8)        From the funds of the foundation, each member of the board shall be paid such remuneration as is fixed by the Lieutenant Governor in Council and any reasonable travelling and out-of-pocket expenses necessarily incurred by the member in discharging his or her duties as a member of the board.

Vice-chair

4(9)        The board may adopt rules governing its own procedure; and it may appoint, from among its members, a vice-chair who shall act as chair if there is a vacancy in the office of chair, or during the absence or incapacity of the chair, or at any other time at the request of the chair or the minister.

S.M. 1993, c. 42, s. 5; S.M. 2010, c. 24, s. 3; S.M. 2013, c. 54, s. 1.

General by-laws

5(1)        The board may make such by-laws, not inconsistent with this Act, as may be deemed expedient

(a) for the administration of the affairs of the foundation and the achievement of its aims and objects;

(b) prescribing the powers and duties of the board and of the officers and employees of the foundation;

(c) respecting the date and place of the annual meeting of the members of the foundation;

(d) respecting the calling of special meetings of the members of the foundation;

(e) respecting the regular meetings and special meetings of the board, and the notice thereof that shall be given;

(f) respecting the notice to be given of each annual or special meeting of the members of the foundation, including the manner in which, and time when, such notice shall be given.

Appointment of treasurer

5(2)        The board shall, at its first regular meeting in each year, by resolution appoint a member of the board to be treasurer of the foundation; and the person so appointed shall, during his or her term of office, have custody of the funds of the foundation.

Appointment of executive director and staff

5(3)        The board may appoint an executive director of the foundation, and such other clerical and office help as may be necessary.

Duties and remuneration

5(4)        Persons appointed under subsection (3) shall perform such duties, and be paid such remuneration from the funds of the foundation, as may be prescribed by the board; but, in the case of the executive director, no remuneration shall be paid unless the amount thereof has been approved by the minister.

Technical assistance

5(5)        Subject to the approval of the minister, the foundation may engage the services of such technical, professional, and other expert personnel as the board may deem expedient for carrying out the aims and objects of the foundation.

Committees

5(6)        The board may, by resolution, establish such committees as it may deem expedient for the purpose of carrying out the aims and objects of the foundation; and persons appointed to any such committee may, but need not necessarily, be members of the board.

Approval of by-laws by minister

5(7)        All by-laws of the board shall be submitted by it to the minister for approval, and shall not have effect until approved in writing by the minister.

S.M. 2010, c. 24, s. 4.

Head office

6           The head office of the foundation is in the City of Winnipeg.

Fiscal year

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

Annual health plan

7.1(1)      Unless the minister directs otherwise, the foundation must 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 foundation must consult with regional health authorities and with any other persons the foundation considers appropriate, or as the minister may direct.

Content of plan

7.1(3)      A proposed health plan must

(a) state how the foundation 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 foundation'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 foundation with any directions the minister considers appropriate.

Resubmission

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

Changes

7.1(6)      The foundation must submit the following changes to the minister for approval:

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

(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. 2010, c. 24, s. 5.

Funds of the foundation

8(1)        The funds of the foundation consist of moneys received by it from any source, including moneys granted to it under section 13; and, subject as herein provided, the foundation may disburse, expend, or otherwise deal with any of its funds in such manner as the board deems advisable.

Limitation

8(1.1)      The foundation must 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 foundation has entered into with a regional health authority.

Deposit of funds

8(2)        Subject to subsections (3) and (4), the funds of the foundation shall be deposited in a bank.

Investment

8(3)        Such part of the funds of the foundation as are not immediately required for the purposes thereof may be invested in securities in which trustees are permitted to invest under clause 64(2)(a), (b), or (c) of The Trustee Act.

Trust funds

8(4)        Funds donated to the foundation under a trust or otherwise and specifically authorized or required to be invested shall be invested as required by the trust instrument or the terms of the donation, or, if there is no such requirement, as authorized by subsection (3).

S.M. 2010, c. 24, s. 6.

Directions

8.1(1)      The minister may give directions to the foundation 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.

Foundation to comply with directions

8.1(2)      The foundation must comply with any directions the minister has given.

S.M. 2010, c. 24, s. 7.

Acquiring real and personal property

9(1)        For the purpose of carrying out its aims and objects, the foundation may,

(a) subject to the prior approval of the minister,

(i) acquire by purchase or lease, and hold, any land or buildings; and

(ii) erect buildings; and

(b) acquire by purchase, lease, or donation, such equipment, instruments, appliances, materials, and other things, as the board may deem necessary;

and, subject as aforesaid, may pay from the funds of the foundation the cost of acquiring by purchase or lease or erecting any such buildings or land or any things to which clause (b) refers.

Transfers, etc., of property

9(2)        All transfers, assignments, or conveyances, of property by the foundation shall be executed by and on behalf of the foundation in such manner as the board from time to time, by by-law, prescribes.

Additional powers

10(1)       The foundation may

(a) receive donations of, and hold, control, and administer property of every kind and description, whether real or personal and wheresoever situated;

(b) if not in contravention of an express term of the donation under which it is received, convert any property at any time, or from time to time, received or held by the foundation into any other form, and for that purpose sell, dispose of, assign, transfer, lease, or exchange it;

(c) pass on and entrust to one or more trust companies the custody and management of all or any portion of the property at any time, or from time to time, received or held by the foundation, in such manner and in such portions, as the board deems proper, and enter into agreements with any such companies with regard thereto;

(d) lease any lands at any time held by the foundation.

Solicitation of funds

10(2)       Subject to any Act providing for authorization of, or restrictions upon, the collecting of moneys for charitable purposes, the foundation may solicit contributions and donations to the funds of the foundation either by canvassing persons individually and privately or by public campaign.

Annual audit

11          The accounts and funds of the foundation shall be audited annually by a chartered professional accountant authorized to provide public accounting services in accordance with The Chartered Professional Accountants Act, appointed by the board with the written approval of the minister; and the cost of the audit shall be paid from the funds of the foundation.

S.M. 2015, c. 5, s. 118.

Annual report

12(1)       The foundation shall annually make a report to the minister respecting the operation of the foundation during the latest preceding fiscal year thereof; and the report shall contain duly audited financial statements of the affairs of the foundation for that fiscal year including

(a) a balance sheet;

(b) a statement of revenue and expenditure; and

(c) a statement of all moneys received and paid out by the foundation during that fiscal year.

Laying report before assembly

12(2)       On receipt of the report the minister shall lay it before the Legislative Assembly forthwith if it is then in session, and, if not, at the next succeeding session thereof.

Other reports

12(3)       The foundation shall make such further and other reports as may be required by the minister.

Budget

12(4)       The foundation shall annually prepare a detailed budget and outline of its program for the coming fiscal year for consideration of, and approval by, the minister.

Annual grant

13(1)        In each fiscal year of the foundation, the minister may make a grant to the foundation with money that an Act of the Legislature authorizes to be paid to the foundation out of the Consolidated Fund.

Advances on account of grants

13(2)       The Minister of Finance, on requisition of the minister, may make advances to the foundation from time to time in any fiscal year on account of its costs of operation; and the advances so made shall be charged against, and deducted from, any grant that may become payable to the foundation under subsection (1) in respect of that fiscal year; and, if in any fiscal year the advances so made exceed the amount of the grants so payable, the excess shall be deducted from any such grants that may become payable to the foundation in respect of any succeeding fiscal year.

S.M. 1998, c. 14, s. 2; S.M. 2010, c. 24, s. 8.

Confidentiality

14(1)       Every member of the board and every officer and employee of the foundation and every person engaged in the administration of this Act shall preserve secrecy with respect to all information that comes to the person's knowledge in the course of providing assistance or services to individuals under this Act and shall not communicate any information to any other person except

(a) in connection with the administration of this Act or when required to do so by any other Act of the Legislature;

(b) upon the written request or with the written approval of the individual to whom the information relates or the individual's legal representative;

(c) when there is imminent danger to the individual to whom the information relates or to any other person; or

(d) when required to do so by a court of competent jurisdiction.

Exception for statistical and research purposes

14(2)       The information referred to in subsection (1) may be disclosed in statistical form or for the purpose of enabling research authorized by the foundation if the names and identities of individuals to whom the information relates are not revealed.

S.M. 1993, c. 42, s. 6.

Immunity from action

15          No action or proceeding may be commenced against the foundation, the board, a member of the board or an officer or employee of the foundation or any other person engaged in the administration of this Act for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, or for any neglect or default in the performance or exercise in good faith of the duty or power.

S.M. 1993, c. 42, s. 6.