Skip to main content
The Research Manitoba Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of September 22, 2017.
It has been in effect since November 5, 2015.

Show previous versions Hide previous versions


 

C.C.S.M. c. R118

The Research Manitoba Act

(Assented to June 12, 2014)

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

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"board" means the board of directors of Research Manitoba. (« conseil »)

"fund" means the Research Manitoba Fund referred to in section 12. (« Fonds »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"Société" French version only

RESEARCH MANITOBA

Research Manitoba

2           The Manitoba Health Research Council is continued as a corporation without share capital under the name "Research Manitoba", consisting of the directors of the board appointed under section 5.

Mandate of Research Manitoba

3(1)        The mandate of Research Manitoba is to promote and support, and coordinate the funding of, research in the health, natural and social sciences, engineering and the humanities in Manitoba.

Additional activities of Research Manitoba

3(2)         Subject to this Act, to carry out its mandate, Research Manitoba may

(a) financially assist research in Manitoba;

(b) publish and distribute scientific, technical and economic information relating to the work of Research Manitoba; and

(c) advise and make recommendations to the minister on matters related to research in the health, natural and social sciences, engineering and the humanities in Manitoba.

Relationship to government

3(3)         In carrying out its mandate, Research Manitoba is to operate within a framework of accountability established by the minister, who may give Research Manitoba general direction on matters that relate to its mandate.

Legal capacity

4(1)        Subject to this Act and any restrictions specified in the regulations, Research Manitoba has the capacity, rights, powers and privileges of a natural person that are necessary for carrying out its mandate.

Corporations Act not to apply

4(2)        Except as otherwise provided in the regulations, The Corporations Act does not apply to Research Manitoba.

BOARD OF DIRECTORS

Board

5(1)        The business and affairs of Research Manitoba are to be managed by a board of directors consisting of at least 9 but not more than 17 directors.

Appointments

5(2)        The directors are to be appointed by the Lieutenant Governor in Council on the recommendation of the minister.

Considerations

5(3)        In recommending directors, the minister is to consider

(a) the types and degree of research carried out by Manitoba's educational institutions;

(b) the interests of business and industry in using research outcomes to grow Manitoba's economy; and

(c) the recommendations of the board.

Chair

6(1)        The chair of the board is to be appointed by the Lieutenant Governor in Council.

Vice-chair

6(2)        A vice-chair must be elected by the directors from among themselves.

Function of vice-chair

6(3)        The vice-chair is to act as the chair if the chair is absent or unable to act, or if the position of chair is vacant.

Term of office — chair

7(1)        The chair is to be appointed for a term of not more than five years.

Term of office — other directors

7(2)        A director other than the chair is to be appointed for a term not exceeding three years.

Terms to be staggered

7(3)        When appointing a director and establishing the director's term of office, the Lieutenant Governor in Council is to have regard for the need to ensure that the terms of office of not more than half of the board members expire in any one year.

Further terms

7(4)        A director, including the chair, is eligible to be re-appointed, but

(a) a director may not serve more than 10 years in consecutive terms if the director serves as chair during any of the terms; and

(b) a director may not serve more than six years in consecutive terms if the director does not serve as chair during any of the terms.

After serving the number of consecutive years specified in clause (a) or (b), a person may not be re-appointed as a director until at least one year has elapsed since the person last served.

Appointment continues

7(5)        A director continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.

S.M. 2015, c. 43, s. 57.

By-laws

8           The board may make by-laws respecting the conduct and management of the business and affairs of Research Manitoba, including

(a) by-laws respecting the calling and conduct of board meetings;

(b) by-laws establishing committees; and

(c) by-laws establishing a code of ethics and a conflict of interest policy for directors, officers and employees of Research Manitoba.

Remuneration of directors

9           The directors are to be paid such remuneration and expenses as the board determined by by-law.

FINANCIAL MATTERS AND ANNUAL REPORT

Fiscal year

10          The fiscal year of Research Manitoba ends on March 31 of each year.

Grants

11          The Minister of Finance, on the requisition of the minister, may make grants to the Research Manitoba out of money appropriated by the Legislature for that purpose.

Fund continued

12(1)       The Health Research Council Fund is continued as the Research Manitoba Fund.

Fund to be a separate account

12(2)       The board must ensure that amounts credited to the fund are held in a separate account in a financial institution, as defined in The Financial Administration Act.

Amounts held in fund

13          Until used in accordance with Research Manitoba's mandate, the board must ensure that the following amounts are held in the fund:

(a) grants from the government made under section 11;

(b) contributions received by Research Manitoba by way of agreement, grant, gift, donation or bequest;

(c) interest or other income earned from the investment of amounts described in clauses (a) and (b).

Auditor

14          The board must appoint an independent auditor to audit the records, accounts and financial transactions of Research Manitoba for each fiscal year.

Annual report

15(1)       Within six months after the end of each fiscal year, Research Manitoba must prepare an annual report on its activities and operations during that fiscal year. The report must include Research Manitoba's audited financial statements for the year.

Report tabled in Assembly

15(2)       The minister must table a copy of the report in the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

Further information

15(3)       Research Manitoba must provide the minister with any financial or other information that the minister may request.

Reviews

16(1)       The minister may in writing appoint one or more persons to review and report on any matter connected with the conduct and management of the business and affairs of Research Manitoba, in accordance with the terms of reference established by the minister.

Access to records, etc.

16(2)       Research Manitoba must cooperate with the review, and provide the person or persons carrying out the review access to information and records that are reasonably required for the purpose of the review.

REGULATIONS

Regulations

17          The Lieutenant Governor in Council may make regulations

(a) respecting the extent to which The Corporations Act applies to Research Manitoba;

(b) for the purpose of section 4, prescribing additional powers for the corporation or restricting the powers of the corporation.

TRANSITION

Research Manitoba assumes place of Manitoba Health Research Council

18(1)       On the coming into force of this Act,

(a) every employee of The Manitoba Health Research Council is continued as an employee of Research Manitoba;

(b) all property, and interests in property, of The Manitoba Health Research Council is vested in Research Manitoba and may be dealt with by Research Manitoba in its own name, subject to any trusts or other conditions applicable to the property;

(c) all other assets, liabilities, rights, agreements, duties, functions and obligations of The Manitoba Health Research Council are vested in Research Manitoba, and Research Manitoba may deal with them in its own name; and

(d) all rights of action and actions by or against The Manitoba Health Research Council may be continued or maintained by or against Research Manitoba.

References to Manitoba Health Research Council

18(2)       Any reference to The Manitoba Health Research Council in any regulation, by-law, contract, agreement, or other document or record is deemed to be a reference to Research Manitoba.

Transitional re existing members

19          A member of The Manitoba Health Research Council who holds office on the coming into force of this Act

(a) continues to hold office as a board member of Research Manitoba until his or her term expires; and

(b) may be re-appointed in accordance with this Act.

REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Repeal

20          The Manitoba Health Research Council Act, R.S.M. 1987, c. H28, is repealed.

C.C.S.M. reference

21          This Act may be referred to as chapter R118 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

22          This Act comes into force on the day it receives royal assent.