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The Manitoba Association of School Trustees Act

R.S.M. 1990, c. 240

The Manitoba Association of School Trustees Act

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:

Definitions

1           In this Act,

"association" means The Manitoba Association of School Trustees; (« Association »)

"board" means the board of trustees of a school division, school district, or school area, established under any Act of the Legislature and operated under The Public Schools Act and includes the Central Advisory Committee of The Frontier School Division; (« commission »)

"convention" means a general meeting of the association; (« assemblée »)

"trustee" means a person elected or appointed as a member of a board. (« commissaire »)

Association continued

2           The Manitoba Association of School Trustees is continued as a body corporate.

Powers of association

3           The association has all the powers, rights, and privileges, conferred on and vested in a corporation under The Corporations Act and The Interpretation Act.

Objects of association

4           The objects of the association are

(a) to promote and advance the cause of education in the province;

(b) to arouse and increase public interest in educational affairs;

(c) to engage in research and study of matters of educational policy;

(d) to promote efficiency and improvement in the fulfillment of the duties of trustees and the exercise of the powers of trustees under the laws of Manitoba;

(e) to co-operate with The Department of Education and Training of the province and with other organizations in Canada or elsewhere having aims and objects the same as, or similar to, those of the association; and

(f) to take any measures, not inconsistent with this Act or any other Act of the Legislature, or any regulations or rules made under the authority of an Act of the Legislature, that the association deems necessary or advisable to give effect to any policy adopted by it with respect to any question directly or indirectly affecting the purposes and objects of the association.

Boards as members

5           A board may become a member of the association upon payment of the prescribed membership fee.

Special honorary members

6(1)        A person may be made an honorary life member of the association by resolution at a convention upon the recommendation of the executive.

Ex officio honorary members

6(2)        Every person who has been the president of The Manitoba School Trustees' Association, The Urban School Trustees' Association of Manitoba or of the Association is an honorary member of the association.

Rights of honorary members

6(3)        An honorary member of the association has no right to vote on any matter before the association unless the honorary member is also a trustee of a member board.

Composition of executive

7(1)        The executive of the association shall be composed of the president, the vice-president, the immediate past president, and such number of directors to be elected or appointed as may be provided for in the by-laws of the association.

Eligibility for executive

7(2)        Any person who is a member of a board which is a member of the association is eligible to be elected or appointed as a member of the executive of the association.

Executive officers ceasing to be members

7(3)        Where a member of the executive other than the immediate past president ceases to be a member of a board which is a member of the association, he or she shall thereupon cease to be a member of the executive.

Elected officers

8           Subject to clause 9(c), the president, the vice-president, and the directors of the association shall be elected in such manner as the by-laws of the association may from time to time prescribe, and shall hold office until the next ensuing annual convention or until their successors are elected, whichever is the later.

Powers of executive

9           The executive may

(a) exercise all the powers of the association, and administer, direct and supervise its business, property and affairs;

(b) exercise such of the powers of the association as it may deem necessary for the promotion and attainment of the purposes and objects of the association;

(c) fill any vacancy in the executive until the next annual convention;

(d) incur any expense that it deems necessary in the conduct of the affairs of the association and pay the reasonable expenses of the members of the executive and committees in the discharge of their duties as such;

(e) subject to the by-laws, pass, amend, and repeal, by-laws, rules and regulations not contrary to law, for the purposes aforesaid, and for the purpose of regulating the conduct in any particulars of the affairs of the association;

(f) appoint an executive director and such other employees as may be required to administer the affairs of the association and fix the remuneration of the executive director and other employees;

(g) appoint such committees as may from time to time be deemed advisable in the interests of the association and prescribe their duties and functions; and

(h) do such other things as may be necessary to carry out the objects of the association.

Confirmation of by-laws

10          A by-law of the association passed by the executive, or any amendment or repeal of a by-law of the association made by the executive, ceases to have effect at the close of the annual convention next after the date on which the by-law was passed, amended, or repealed, unless the by-law or the amendment or repeal, as the case may be, is confirmed by resolution passed at the annual convention or a convention prior thereto.

Officers

11          The officers of the association are the president, the vice-president, the immediate past president, and such other officers as the by-laws of the association may prescribe.

Powers and duties of officers

12          The powers and duties of the officers shall be as prescribed in the by-laws of the association.

Annual convention

13          A convention shall be held at least once in each year at such time and place as the by-laws of the association may provide or as the executive may otherwise determine.

Local organization

14(1)       Any group of active members of the association may, with the consent of the executive establish a local organization within the association for the furtherance of the association; and the local organization may formulate a constitution, adopt by-laws, and pass resolutions not inconsistent with this Act or the by-laws of the association.

Submission of local by-laws etc.

14(2)       A copy of every constitution, by-law, and resolution, of a local organization shall, forthwith upon the passing thereof, by submitted to the executive director of the association, and except in so far as it may relate to matters of purely local concern, it is not operative or effective until it has been approved by the executive which may, in every case, decide whether or not the constitution, by-law, or resolution, relates to matters of purely local concern, and its decision with respect thereto is final.

Annual statement submitted to minister

15          The association shall in each year, not later than April 1, submit to the member of the Executive Council charged with the administration of the public school system in the province, a statement showing the receipts and expenditures of the association for the preceding fiscal year of the association, audited and certified by an independent auditor, who shall be a chartered accountant appointed at the annual convention of the association.

NOTE:  This Act replaces S.M. 1972, c. 21.