S.M. 2003, c. 8
Bill 202, 2nd Session, 38th Legislature
The Nellie McClung Foundation Act
(Assented to December 4, 2003)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"foundation" means The Nellie McClung Foundation established in section 2; (« Fondation »)
"fund" means the fund established under section 6. (« fonds »)
2 The Nellie McClung Foundation is established for the purposes of this Act.
3 The foundation is a corporation without share capital.
Purposes of foundation
4 The purposes of the foundation are
(a) to promote the memory of Nellie McClung by erecting and maintaining a statue in her honour on the grounds of the Manitoba Legislature or at any other location the foundation considers appropriate; and
(b) to undertake any other activities the foundation considers appropriate to educate the public about Nellie McClung and her contributions to Manitoba and Canada.
Powers of the foundation
5 The foundation has all of the powers necessary or desirable to achieve the purposes of the foundation including, but not limited to, the following powers:
(a) to solicit and receive donations of real and personal property, including money;
(b) to convert or sell any property donated to the foundation;
(c) to engage a trust company to manage or invest some or all of the property of the foundation in any manner that the foundation directs;
(d) to refuse to accept any donation if, in the opinion of the trustees, accepting the donation is not in the interests of the foundation.
Fund to be established
6 The foundation shall establish a fund for the purposes set out in section 4 and shall
(a) deposit into the fund money received from any source;
(b) hold as part of the fund any real and personal property received from any source which is not otherwise converted or sold by the foundation;
(c) manage and invest, as the trustees may determine, any money and real and personal property received by the foundation;
(d) include in the fund any income earned from the management and investment of the fund;
(e) pay from the fund the costs of erecting a statue in honour of Nellie McClung, including the costs arising from the design and manufacture of the statue as well as costs necessary to insure and maintain the statue after its erection;
(f) pay from the fund the costs of any activity undertaken to educate the public about Nellie McClung; and
(g) pay from the fund any administrative expenses of the foundation.
Board of trustees
7(1) The affairs of the foundation shall be managed by a board of trustees consisting of not fewer than three and not more than seven trustees appointed by the Manitou-Pembina Culture and Heritage Committee.
Term of office
7(2) Each trustee shall be appointed for a term of three years and may be re-appointed.
7(3) Each trustee shall continue to hold office after the expiry of his or her term of office until he or she is reappointed or a successor is appointed.
7(4) The board may act despite a vacancy on the board.
7(5) The trustees shall elect a chairperson from among themselves.
No remuneration or reimbursement
7(6) Trustees are not entitled to any remuneration or reimbursement.
8 The board may make by-laws regulating its proceedings and generally for the conduct and management of its activities.
Liability of trustees
9 The trustees of the foundation are not personally liable for anything done or omitted to be done, in good faith and without negligence or default, in the exercise or purported exercise of a power under this Act.
10 The fiscal year of the foundation begins on April 1 and ends on March 31 of the next year.
11 The board shall appoint an independent auditor to audit the records, accounts and financial transactions of the foundation each year.
Donations to foundation
12 Any form of words shall be sufficient to constitute a donation for the purposes of this Act as long as the donor indicates an intention to contribute to the foundation or for purposes that are similar to those of the foundation.
Coming into force
13 This Act comes into force on the day it receives royal assent.