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S.M. 1989-90, c. 70
The Beausejour Hospital District Establishment Act
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(Assented to March 15, 1990)
WHEREAS provision is made in The Health Services Act for the establishment of hospital districts;
AND WHEREAS, pursuant to The Health Services Act,
(a) measures have been taken for the establishment of Beausejour Hospital District No. 29, comprising and including The Town of Beausejour; the Rural Municipality of Brokenhead; Township 13, Range 9, East of the Principal Meridian, in the Rural Municipality of Lac du Bonnet; and Township 12, Range 9, East of the Principal Meridian in the Local Government District of Reynolds;
(b) by-law 381 was introduced by the council of the Town of Beausejour and given first reading on September 9, 1948, and given second and third reading on November 9, 1948;
(c) by-law 1185 was introduced by the council of the Rural Municipality of Brokenhead and given first reading and second reading on October 12, 1948, and given third reading on November 9, 1948;
(d) by-law 515 was introduced by the council of the Rural Municipality of Lac du Bonnet, and given first reading on September 7, 1948;
(e) by-law 17 was introduced by the resident administrator of the Local Government District of Reynolds and given first reading on September 18, 1948;
(f) all of the by-laws were introduced to implement the establishment of Beausejour Hospital District No. 29, and to ratify and approve the borrowing of money by the governing board of the district for the purpose of the district, and the issuing of debentures by the governing board to secure the monies borrowed;
AND WHEREAS errors were made, and irregularities occurred in the preparation of the scheme required by, and in complying with other requirements of The Health Services Act;
AND WHEREAS three-fifths of the ratepayers voting on the various municipal by-laws to establish each of the districts voted in favour of their establishment;
AND WHEREAS it is desirable to validate the establishment of Beausejour Hospital District No. 29, and the municipal by-laws referred to above, and the debentures that are contemplated by the by-laws;
AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1(1) For the purpose of The Health Services Act, in so far as it applies to Beausejour Hospital District No. 29, The Municipal and Public Utility Board may give its approval to the by-laws referred to in the preamble, and from the giving of the approval, the document by which the approval to any by-law is given shall be conclusive proof that
(a) compliance has been made with The Health Services Act;
(b) the by-law is a by-law of the municipality, and that the required assent of ratepayers has been given;
(c) the by-law has been approved as required by The Municipal Act, The Municipal and Public Utility Board Act, The Health Services Act, and any other Act of the Legislature;
(d) the council of the municipality or the administrator of the Local Government District, as the case may be, that passed the by-law had power to do so;
(e) any scheme required by The Health Services Act to be prepared precedent to, or in connection with, the by-law was published as required by that Act;
and that the by-law is valid and binding on the municipality, and on the ratepayers in that municipality or in the part in which levies are to be made as provided in the by-law.
1(2) Notwithstanding any irregularity in a by-law referred to in subsection (1), if The Municipal and Public Utility Board, in its absolute discretion, is satisfied that there has been substantial compliance with the provisions of all Acts applicable to the by-law, the board may give approval to the by-law.
1(3) Where a by-law is approved as provided in subsection (1), the annual amount required to be raised by the by-law shall be raised in accordance with the tenor of the by-law and that amount shall be
(a) a debt owing by the municipality to the governing board of Beausejour Hospital District No. 29; and
(b) paid by the municipality to the governing board.
1(4) The by-laws mentioned in sub-section (1) are hereby validated and each of the by-laws is declared to have been passed by the council of the municipality and to be binding on the municipality and the ratepayers in the municipality.
2(1) Debentures issued by the governing board of Beausejour Hospital District No. 29 under the by-laws referred to in sub-section 1(1) are valid for all purposes when approved by The Municipal and Public Utility Board, and on approval by that board shall contain a memorandum under the seal of the board, signed by the chairperson or acting chairperson, but the seal and signature shall not render unnecessary any formality otherwise required by law.
2(2) On the approval of the governing board to an issue of debentures, and a memorandum sealed and signed as required by sub-section (1) endorsed on the debentures, no irregularity in the form of the debentures or in the proceedings leading to their issue, or in any by-law authorizing the issue, shall render them invalid or be allowed as a defence to an action against the governing board of Beausejour Hospital District No. 29 for the recovery of the amount of the debentures or the interest on the debentures, or any part thereof.
3 In this Act,
(a) "municipality" includes the Local Government District of Reynolds; and
(b) a reference to the council, ratepayers or a by-law of a municipality, includes the administrator, the ratepayers and a by-law of the administrator, respectively, of the Local Government District of Reynolds.
NOTE: The original Act is found at S.M. 1949, chapter 5.