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The Fitness and Amateur Sport Act

REPEALED
Date: December 5, 2013

C.C.S.M. c. F120

THE FITNESS AND AMATEUR SPORT ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act

"amateur sport" means any athletic activity that is engaged in solely for recreation, fitness, or pleasure and not as a means of livelihood; (« sport amateur »)

"council" means The Manitoba Advisory Council on Fitness and Amateur Sport mentioned in section 5; (« conseil »)

"fitness" means the physical and mental condition of an individual that enables him to function at his best in society; (« santé »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipality" includes The City of Winnipeg. (« municipalité »)

Authority to undertake projects

2(1)        The government may, as herein provided, and subject to the limitations and conditions herein set out, take such measures, undertake such projects and programs, and do such things as it may deem advisable to promote, encourage, and develop the fitness of, and the engaging in amateur sport by, the people of the province.

Assistance for training, etc.

2(2)        Without limiting the generality of subsection (1), the government may

(a) provide for the training of coaches, leaders, trainers, and other personnel required for the purposes of this Act;

(b) assist, co-operate with, and enlist the aid of, any person or group of persons interested in fitness and amateur sport in the province;

(c) provide services to promote, encourage, or develop fitness or amateur sport in the province or assist others to provide such services; and

(d) receive grants or contributions from any municipality, person, firm or organization for the purposes of this Act and may expend the grants and contributions for those purposes.

Grants

3           The Minister of Finance, with the approval of the Lieutenant Governor in Council, may pay grants

(a) to a municipality; or

(b) to any agency; or

(c) to any organization;

that carries on activities to promote, encourage, or develop fitness or amateur sport or both in Manitoba to be used for those purposes.

Agreements authorized

4           The minister, with the approval of the Lieutenant Governor in Council, may enter into agreements on behalf of the government with the Government of Canada or a minister thereof authorized for that purpose, to provide for the payment by the Government of Canada to the government of contributions in respect of costs incurred by the government in undertaking programs designed to promote, encourage and develop fitness and amateur sport.

Establishment of council

5(1)        The Lieutenant Governor in Council may establish a council to be known as "The Manitoba Advisory Council on Fitness and Amateur Sport" consisting of not more than 20 members appointed by the Lieutenant Governor in Council.

Term of office

5(2)        A member of the council shall be appointed for such term, not exceeding three years, as the Lieutenant Governor in Council may determine.

Chairman and vice-chairman

5(3)        The Lieutenant Governor in Council shall designate one member of the council to be chairman of the council and one member to be vice-chairman.

Quorum

5(4)        A majority of the members of the council constitute a quorum thereof; and a vacancy in the membership of the council does not impair the right of the remaining members to act.

Absence or incapacity

5(5)        In the event of the absence or temporary incapacity of a member of the council, the Lieutenant Governor in Council may appoint a person to act in his stead during the absence or incapacity.

Rules of procedure

5(6)        Subject to the approval of the Lieutenant Governor in Council, the council may make rules for regulating its proceedings and the performance of its duties and functions, and may provide therein for the delegation of any of its duties to a special or standing committee of its members.

Re-appointment of members

5(7)        A member of the council is eligible for re-appointment for a second consecutive term of office but he is not eligible for re-appointment for a third or subsequent term of office as a member of the council unless at least one year has elapsed since the expiry of any previous term of office as a member of the council.

Expenses of members

6           Each member of the council may be repaid the amount of such travelling and other out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board as may be approved by the Minister of Finance.

Reference to council

7(1)        The minister may refer any question or matter relating to fitness or amateur sport, or both, to the council for its consideration and advice.

Duties of council

7(2)        The council shall consider and advise the minister on

(a) all questions and matters referred to it by the minister under subsection (1); and

(b) such other matters relating to the operation of this Act and the projects, programs, measures, and things done or undertaken under this Act as the council sees fit.

Co-operation of other departments, etc.

8           The minister may co-operate with, or enlist the co-operation of, any department, branch or agency of the government carrying out or administering projects, programs, or activities, relating to fitness and amateur sport.

Expenditures from Consolidated Fund

9           All expenditures and grants made under this Act shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

Staff

10          Such officers and employees as may be required for the proper administration of this Act may be appointed as provided in The Civil Service Act.

Regulations

11          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders

(a) prescribing the manner of and limitations on the making of grants; and

(b) prescribing qualifications of persons eligible to receive assistance in training as coaches, leaders, trainers, or other personnel required for the purposes of this Act.