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RSM 1990, c. 39
The Concordia Hospital Incorporation Act
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WHEREAS Mennonite Hospital Society Concordia was incorporated by An Act to Incorporate "Mennonite Hospital Society Concordia" being chapter 112 of the Statutes of Manitoba, 1931;
AND WHEREAS Mennonite Hospital Society Concordia by its petition prayed that Concordia Hospital should be incorporated;
AND WHEREAS its prayer was granted, and resulted in the enactment of The Concordia Hospital Act, assented to May 25, 1973;
AND WHEREAS the Minister of Justice has caused the 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 Concordia Hospital is continued as a corporation, and has and enjoys and may exercise all the powers, privileges and functions of one or more hospitals as defined in The Health Services Insurance Act and The Hospitals Act, or either of them and of an institution or hospital as defined in The Mental Health Act.
2 In this Act
"board" means the board of directors constituted under section 7; (« conseil »)
"corporation" means Concordia Hospital; (« Corporation »)
"director" means a member of the board; (« administrateur »)
"member" means a member of the corporation. (« membre »)
3 The corporation is composed of the persons who are from time to time members.
4 The objects of the corporation are
(a) to operate and maintain in the Province of Manitoba in accordance with The Hospitals Act and The Health Services Insurance Act, a hospital as defined in those Acts or either of them;
(b) to provide facilities and personnel for the treatment of sick and injured persons and to ensure for such persons a high quality of medical and surgical care and treatment;
(c) to carry on educational activities related to rendering care to the sick and injured and to the promotion of health with a view to maintaining and improving the standard of medical education and knowledge;
(d) to promote and carry on scientific and administrative research related to the care of the sick and injured with a view particularly to finding means of prevention and treatment of human illness and disability; and
(e) to participate in any activity designed and carried on to promote the general health of the community and to co-operate with other hospitals and health agencies in the care and treatment of the sick and injured.
5(1) The corporation shall be operated and maintained exclusively for charitable, scientific and education purposes without private gain.
5(2) The directors shall act without personal remuneration.
5(3) No director is liable or answerable for any debts, liability or obligation of the corporation or in respect of any act, error or omission of the corporation or any of its officers, members, employees or agents.
5(4) The corporation shall not restrict for reasons only of race, creed or colour admission of patients, appointments to the board and appointment or employment of medical staff, personnel in training or other employees of the corporation.
6(1) Subject to The Hospitals Act and The Health Services Insurance Act, as amended or superceded from time to time, the corporation may do all acts and things necessary to carry out its objects and the rights and duties vested in it by this or any other Act, and without limiting the generality of the foregoing, it may
(a) manage all undertakings of the hospital;
(b) fix the fees and rates charged by the corporation for the nursing of, attendance upon, supply of hospital care and treatment to, patients and for rendering of other services;
(c) appoint, reject, suspend or remove all medical staff and their officers;
(d) borrow money;
(e) charge, hypothecate, mortgage, or pledge any or all of the real or personal property, rights and undertakings of the corporation;
(f) draw, make and endorse bills of exchange, promissory notes and cheques;
(g) buy, sell, improve, lease or otherwise deal with, real or personal property necessary for the purposes of the corporation;
(h) establish and support, or aid in the establishment and support of, associations, institutions, funds, trusts and conveniences, calculated to benefit employees or ex-employees of the corporation or the dependants or connections of such persons, and grant pensions and allowances and make payments towards insurance, or for any objects like or similar to those foregoing;
(i) utilize surpluses, as the board may decide, for the improvement of services and training;
(j) establish such reserves as the board may decide, and invest them or other funds in such securities, and in such manner as the board may think fit, and vary or realize any such investments;
(k) receive and accept such grants, devises, gifts and bequests as are made by or received from the Government of Canada or the Government of Manitoba, or any municipality or other corporation or person, for the use and purposes of the hospital;
(l) operate any business or industry that may help to maintain its institutions or be of service to patients or employees of the corporation and bargain and sell the products thereof in accordance with the laws of the province and lease part of its premises to others for such purposes and utilize any profit derived therefrom for the general purposes of the corporation.
6(2) Without limiting the generality of subsection (1), the corporation has as incidental and ancillary to the objects, purposes and powers set out in this Act, the capacity and powers set out in section 15 of The Corporations Act, except to the extent that they or any of them are inconsistent with those set out in this Act.
7(1) The affairs of the corporation shall be managed by a board of directors consisting of
(a) ten members to be elected in such manner and to serve for such term as shall be prescribed by the by-laws of the corporation;
(b) those persons, if any, appointed pursuant to subsection 139(1) of The City of Winnipeg Act; and
(c) four persons, to be appointed by the directors for the time being, duly elected under clause (a) and appointed under clause (b).
7(2) Every director elected or appointed to take the place of a retiring director, except directors appointed by the City of Winnipeg, shall be elected or appointed for a period of three years.
7(3) Appointments and changes in appointments to the board by the City of Winnipeg shall be made in writing addressed to the board.
7(4) The board may, in accordance with the by-laws of the corporation, appoint honorary officers not exceeding three in number who shall be advisory but non-voting members of the board.
7(5) The chief administrative employee of the corporation, who shall be known as the administrator, shall be an advisory but non-voting member of the board, but, notwithstanding, may be asked to leave a meeting of the board while his terms of employment or conduct in administrating the corporation is being discussed.
8(1) The powers of the corporation are vested in and may be exercised by the board.
8(2) The board may, subject to The Health Services Insurance Act, make and pass by-laws, rules, orders and regulations not contrary to law or this Act, and repeal and amend them, for all purposes relating to or bearing on the affairs, business, property, objects and powers of the corporation, its management, government, acts, objects and interests and, in particular, but without limiting the generality of the foregoing, regulate
(a) the organization of, appointment to and rejection, suspension or removal from the medical staff and medical practice in the corporation;
(b) the engagement and removal of all employees and servants of the corporation and the manner in which the rate of remuneration to be paid to such persons should be determined;
(c) the manner of the appointment of such officers as it may from time to time consider necessary and the definition of their respective duties;
(d) the appointment, constitution, terms of reference and terms of office of such committees for the conduct of the business of the corporation and the delegation to such committees of such powers and duties, subject to the approval of the board, as the board may, from time to time, determine;
(e) the time at which, and the place where, the meetings of the corporation and the board shall be held;
(f) the number of members required to form a quorum at meetings of the corporation, the board or any committee, which number need not constitute a majority of the members of the corporation, the board or the committee, as the case may be;
(g) the calling of meetings;
(h) the filling of vacancies on the board or any committee thereof;
(i) the procedure in all things at meetings; and
(j) the form and execution of contracts.
9 The existing by-laws, rules, orders and regulations of the corporation remain in full force and effect, with such modifications as the circumstances require, until changed by by-law.
10 There shall be an annual audit of the accounts of the corporation covering the full fiscal year by an independent auditor who shall be a chartered professional accountant authorized to provide public accounting services and shall be appointed annually by the board and the board shall give full information and permit necessary inspections to enable such audits to be made.
NOTE: This Act replaces S.M. 1973, c. 39.
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