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C.C.S.M. c. H3
The Manitoba Habitat Heritage Act
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(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"board" means the board of directors of the corporation; (« conseil »)
"corporation" means The Manitoba Habitat Heritage Corporation established under this Act; (« Société »)
"habitat" means an environment where fish or wildlife live, and includes wetlands; (« habitat »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"wildlife" means wildlife as defined in The Wildlife Act. (« faune » ou « animal de la faune »)
The Manitoba Habitat Heritage Corporation, to consist of the persons who are from time to time the members of the board, is hereby established as a body corporate and politic.
The objects of the corporation are to conserve, restore and enhance fish and wildlife habitat and the fish and wildlife populations that reside there.
For the purposes of section 3, the corporation may take the measures and perform the functions for which specific provision is made in this Act, and such other measures and functions not inconsistent with section 3 as the corporation deems advisable for the achievement of its objects.
The corporation may
(a) either alone or, by agreement, in co-operation with any person, group, society, organization or agency, or any government, engage in the management of habitat on existing Crown land, or land acquired by the corporation under this Act;
(b) engage in the management of habitat on private land, by agreement with the owner of the land;
(c) by means of grants or making available the advice and services of habitat experts or otherwise, assist an owner of private land to provide effective management of any habitat thereon.
The corporation may initiate various projects, consistent with the objects of the corporation, and carry them out either alone or, pursuant to an agreement, in co-operation with any person, group, society, organization or agency, or any government.
The corporation may, by means of grants or making available the advice and services of habitat experts, support and assist in the carrying out of any project consistent with the objects of the corporation that is initiated by any person, group, society, organization or agency, or any government.
The corporation may carry out wetlands restoration or enhancement projects or coordinate the performance of those projects in accordance with an agreement under section 5.2 of The Water Rights Act.
The corporation may disseminate information to the public respecting Manitoba habitat and the fish and wildlife populations thereof, through publications, newspaper, radio and television advertising, films, slides, lectures, public meetings, guided tours of Manitoba habitat and otherwise, as the corporation may deem advisable, in order
(a) to promote public awareness of Manitoba habitat and the fish and wildlife populations thereof, and the need for the conservation, restoration and enhancement thereof; and
(b) to encourage members of the public to initiate, support and participate in projects designed to conserve, restore and enhance Manitoba habitat and the fish and wildlife populations thereof.
The affairs of the corporation shall be managed and administered by a board of directors consisting of not more than 11 persons appointed by the Lieutenant Governor in Council.
Each member of the board shall serve for such term as may be specified by the Lieutenant Governor in Council and thereafter until the member's successor is appointed, unless the member sooner dies, resigns or is removed from office.
A member of the board who has resigned or whose term of office has expired may be re-appointed.
The members of the board shall elect one of their number as chairperson and another as vice-chairperson.
The corporation may pay to the members of the board, other than members who are employees of the government, such remuneration for their services as the Lieutenant Governor in Council may approve, and to the members of the board including any who are employees of the government such reasonable out-of-pocket expenses as they may incur in performing those services.
The board shall meet not less than quarterly at the call of the chairperson.
A majority of the members of the board constitutes a quorum for the purpose of holding any meeting of the board and transacting business thereat.
The corporation may employ such persons as it deems necessary for the administration of this Act.
(a) may make rules for its own procedure;
(b) has all the powers of the corporation and may make by-laws for the purpose of exercising those powers.
The corporation may, by purchase, lease, gift, devise, exchange or otherwise, acquire any real property that it deems requisite for the purposes of this Act, and may, for such price and on such terms and conditions as it may determine and notwithstanding anything to the contrary in The Crown Lands Act, dispose of any real property so acquired that it no longer requires for those purposes.
Any real property acquired under subsection (1) shall be acquired and held in the name of the corporation.
The corporation may, for the purposes of this Act, enter into any agreement with a person, group, society, organization or agency, or any government.
(a) may establish and maintain an operating fund and one or more other funds for the purposes of this Act, such as a reserve fund, trust fund, endowment fund or asset management fund; and
(b) is responsible for the administration, management and investment of each fund.
A fund may consist of one or more of the following:
(a) money received from time to time from the government;
(b) fees received for services provided by the corporation;
(c) contributions received from any source by way of grant, gift or bequest;
(d) proceeds from the disposal of any property of the corporation;
(e) money borrowed by the corporation pursuant to section 21;
(f) interest earned from the investment of money in the fund.
Subject to the terms applicable to a fund and to any trust or contractual conditions that apply to money received by the corporation, the corporation
(a) may deposit money in a fund and transfer money from one fund to another fund of the corporation; and
(b) may invest, disburse or otherwise deal with money in a fund in any manner that the corporation considers advisable in the pursuit of its objects under this Act.
Subject to any trust conditions that apply to money received by the corporation and to any contractual conditions that apply to a fund established by the corporation, each fund (other than the fund known as the Land Management and Legal Liability Fund) is to be established and administered in accordance with any applicable regulations made and directives issued under The Financial Administration Act.
For the purposes of clause 19(2)(a), the Minister of Finance on the requisition of the minister and subject to the approval of the Lieutenant Governor in Council, may pay grants to the corporation from and out of the Consolidated Fund with money authorized by an Act of the Legislature.
With the approval of the Lieutenant Governor in Council, the corporation may, from time to time, borrow or raise money for temporary purposes by way of overdraft, line of credit, or loan, or otherwise upon the credit of the corporation, in such amounts not exceeding in the aggregate the sum of $1,000,000. of principal outstanding at any time, upon such terms, for such periods, and upon such other conditions, as the corporation may determine.
The government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal and interest on any borrowings of the corporation under this section.
The corporation shall not borrow or raise money under this section otherwise than
(a) by way of overdraft or line of credit with a bank; or
(b) by sale of its short term notes to a bank in lieu of borrowing by overdraft or line of credit;
unless it has obtained the prior approval of the Minister of Finance, who, at the request of the corporation, may act as its agent in the borrowing or raising of the money.
To the extent permitted by any Act of the Legislature the Lieutenant Governor in Council may authorize the raising by way of loan, in the manner provided in The Financial Administration Act, of such amounts as the Lieutenant Governor in Council may deem requisite for any of the purposes of the corporation; and any such amounts may be advanced to, and paid over by the Minister of Finance to the corporation and shall be repaid by it to the Minister of Finance at such times, and on such terms, as the Lieutenant Governor in Council may direct, together with interest thereon at such rate per year as may be approved by the Lieutenant Governor in Council from time to time.
The fiscal year of the corporation commences on April 1 in each year and ends on March 31 of the following year.
Annually and no later than September 30 of each year, the corporation shall submit to the minister a report of its affairs and activities for the immediately preceding fiscal year of the corporation, and the report shall be in such form and shall contain such information as the minister may require.
Each report submitted under subsection (1) shall be tabled by the minister in the Legislature within 15 days after the receipt thereof if the Legislature is then in session and, if the Legislature is not then in session, within 15 days after the commencement of the next ensuing session thereof.
The Auditor General shall annually audit or cause to be audited the books, records and accounts of the corporation and shall submit a report of each audit so performed to the minister.
No member of the board and no person employed or engaged by the corporation for the purposes of this Act is personally liable for the payment of any debts of the corporation or for any loss, injury or damage suffered by any person as a result of anything done or omitted to be done by the member or person employed or engaged, in good faith and without negligence, in the course of the administration and for the purposes of this Act.
In the event that the corporation is wound up or otherwise liquidated, the assets of the corporation, subject to any trust conditions attached thereto, shall be transferred to the Government of Manitoba or another corporation having objects similar to those of the corporation.
The corporation is an agent of Her Majesty the Queen in right of Manitoba.
This Act may be referred to as chapter H3 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day fixed by proclamation.
NOTE: S.M. 1985-86, c. 15 came into force by proclamation on February 7, 1986.
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