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RSM 1990, c. 180
The Seven Oaks General Hospital Incorporation Act
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WHEREAS the persons hereinafter named, by their petition, prayed that Seven Oaks General Hospital should be incorporated: Stephen Juba, Joseph Zuken, J. Gurzon Harvey, Robert Tremaine Taft, Robert Ashley Steen, and Magnus Eliason, all of the City of Winnipeg; Daniel Abraham Yanofsky, Charles Bachman, and William Sasaki, all of the City of West Kildonan; Charles Ferrier, Joseph Rozmus, Alfred Jarvis, and George Streilein, all of The Rural Municipality of Old Kildonan; John Cree Balderstone and Frederick Byle, both of The Rural Municipality of West Saint Paul; all in the Province of Manitoba;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate Seven Oaks General Hospital, assented to May 13, 1970;
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 In this Act,
"board" means the board of trustees constituted under section 6; (« conseil »)
"corporation" means Seven Oaks General Hospital; (« Corporation »)
"member" means a member of the corporation; (« membre »)
"trustee" means a member of the board. (« administrateur »)
2 Seven Oaks General Hospital is continued as a corporation consisting of the persons who are from time to time trustees.
3 The objects of the corporation are
(a) to operate and maintain in the Province of Manitoba in accordance with The Hospitals Act, a hospital as in that Act defined including out-patient facilities and an institution or other facilities under The Mental Health Act;
(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, alone or with others, educational activities related to the treatment of and 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, alone or with others, scientific and administrative research related to the treatment and 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.
4(1) The corporation shall be operated and maintained exclusively for charitable, philanthropic, scientific and educational purposes without private gain.
4(2) Trustees shall act without personal remuneration.
4(3) No trustee is liable or answerable for any debt, 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.
4(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.
5 Subject to The Hospitals Act and The Health Services Insurance Act, 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 undertaking 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 corporation 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(1) The affairs of the corporation shall be managed by a board of trustees consisting of 12, or such other number not less than 12 nor more than 18, as may from time to time be fixed by by-law, persons appointed in such manner and to serve for such term as may be prescribed by by-law.
6(2) Appointments and changes in appointments to the board shall be made in writing addressed to the board by the person or organization authorized to make the appointment.
6(3) The board may, in accordance with the by-laws, appoint honorary officers not exceeding three in number, who shall be advisory, but non-voting members of the board.
6(4) The chief administrative employee of the corporation 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 or her terms of employment or conduct in administering the corporation is being discussed.
7(1) The powers of the corporation are vested in and may be exercised by the board.
7(2) The board may, subject to The Hospitals 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 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, 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.
8 The head office of the corporation shall be in Manitoba.
9 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 the audit to be made.
NOTE: This Act replaces S.M. 1970, c. 132.
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