S.M. 1986-87, c. 10
The Manitoba Hazardous Waste Management Corporation Act
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(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"board" means the board of directors of the corporation; ("conseil")
"corporation" means Manitoba Hazardous Waste Management Corporation; ("corporation")
"director" means a member of the board; ("administrateur")
"hazardous waste" means wastes designated as hazardous waste under The Dangerous Goods Handling and Transportation Act; ("déchets dangereux")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"system" means the hazardous waste management system established by the corporation. ("réseau")
There is hereby established a body corporate and politic ( hereinafter referred to as the "corporation") without share capital under the name of "Manitoba Hazardous Waste Management Corporation".
The corporation is an agency of the government within the meaning of The Civil Service Act.
The objects of the corporation are
(a) to establish, operate and maintain in accordance with all applicable laws in the province, a hazardous waste management system in Manitoba;
(b) to research, develop, establish, own, operate and maintain facilities for the transmission, reception, collection, examination, storage, treatment, recycling and disposal of hazardous wastes;
(c) to ensure that the hazardous waste management system is established, operated and maintained in a manner that will protect the health and safety of the public and preserve the environment;
(d) to ensure the protection of health and safety of the public and the preservation of the environment following the closure of the hazardous waste management facilities established as part of the system.
Without restricting the generality of section 3, the corporation may
(a) acquire, own, develop, produce, process, recycle, heat, manage, utilize, conserve, store, transport or otherwise deal in or with hazardous wastes;
(b) sell or otherwise dispose of any product produced in conjunction with the generation, treatment, processing or recycling of hazardous wastes;
(c) participate with others in the activities mentioned in clause (a) to carry on joint operations with the other participants;
(d) subject to this Act, acquire, hold, mortgage, alienate or otherwise dispose of land and any interest therein;
(e) carry on any other business incidental to the business carried on by the corporation calculated directly, or indirectly to enhance the value of, or render profitable, any of the property or rights of the corporation.
In exercising its powers in accordance with sections 3 and 4, the corporation shall give priority to hazardous waste generated within Manitoba.
Subject to the provisions of this Act, the corporation has the capacity and the rights, powers and privileges of a natural person, including the capacity to exercise its powers beyond the boundaries of the province to the extent to which the laws in force, where the powers are sought to be exercised, permit; and it may perform such acts and do such things as may be necessary for the corporation to carry out and attain its purposes and objects, exercise the rights vested in it and perform the duties imposed upon it by or under this Act or any other Act of the Legislature.
Part XVI of The Corporations Act does not apply to the corporation.
The affairs of the corporation shall be managed by a board of directors of not fewer than 7 members appointed by the Lieutenant Governor in Council.
Subject to subsection (3), a member of the board shall hold office for a term of 2 years but is eligible for re-appointment to the board.
Of the members first appointed to the board under subsection (1), 3 shall hold office for a term of 1 year and thereafter every member appointed to the board shall serve for a term of 2 years.
The minister may appoint one or more ex officio members to the board but a member so appointed has no voting privileges as a member of the board.
Notwithstanding subsections (2) and (3), a member appointed under subsection (4) shall serve for such term as may be fixed by the minister.
The board shall meet at least 4 times a year and at intervals of not less than 3 months; and 4 members shall constitute a quorum thereof.
The Lieutenant Governor in Council shall appoint a chairperson and vice-chairperson of the board from the members of the board.
If the chairperson is absent or unable to act, or if the office of the chairperson is vacant, the vice-chairperson shall act as, and have all the powers of the chairperson, and in the absence of the chairperson and vice-chairperson from any meeting of the board, the members of the board present at the meeting shall appoint an acting chairperson who shall act as, and have all the powers of the chairperson during the meeting.
In the event of a vacancy on the board caused by the death, resignation, dismissal, or incapacity of a member, the Lieutenant Governor in Council may appoint a person to hold office in place of that member for the remainder of the term of the member.
For the purpose of managing and administering the affairs of the corporation, the board may exercise all the powers of the corporation, and without limiting the generality of the foregoing, the board may
(a) execute, perform, and carry out, all the duties, powers, and functions imposed or conferred by this Act upon the corporation and the board;
(b) make such by-laws, not contrary to law or this Act, as the board deems necessary or advisable for the proper and convenient conduct of the affairs of the corporation;
(c) employ employees of the corporation as it considers necessary and advisable to enable the board and the corporation to carry out the objects and purposes of the corporation;
(d) appoint a secretary and a treasurer or a secretary-treasurer for the corporation and fix their remuneration;
(e) engage the services of such professional persons or specialists, as the board deems necessary or advisable for the proper and convenient conduct of the affairs of the corporation, and fix their remuneration;
(f) make rules governing its own procedures;
(g) approve projects and programs, detail objectives and monitor the activities of the corporation;
(h) prepare and submit for consideration and approval of the minister, annual budgets and short and long-term plans of the corporation;
(i) set financial and administrative controls and establish corporate financial and administrative procedures and systems.
Every member of the board shall be paid by the corporation such remuneration for services as a member of the board as may be fixed by the Lieutenant Governor in Council and such reasonable out-of-pocket expenses incurred by the member in the performance of the duties as a member of the board.
Notwithstanding The Legislative Assembly Act, a member of the Legislative Assembly may be a member of the board and may accept from the corporation salary or remuneration and the member does not thereby vacate or forfeit his or her seat in the Legislature or incur any of the penalties imposed under The Legislative Assembly Act for sitting or voting as a member of the board.
The head office of the corporation shall be at such place in Manitoba as the board may from time to time determine.
The secretary or the secretary-treasurer, as the case may be, shall perform such functions and carry out such duties as may be set out in the by-laws of the corporation.
The Lieutenant Governor in Council shall appoint a person as the Chief Executive Officer of the corporation, who shall not be a member of the board and whose remuneration shall be fixed by the Lieutenant Governor in Council.
The Chief Executive Officer shall carry out those functions and perform those duties that are specified in the by-laws of the corporation, and in addition, the board may delegate to the Chief Executive Officer part or all of the power of the corporation other than the power to enact by-laws of the corporation.
Unless otherwise directed by the Lieutenant Governor in Council, the corporation may make such arrangements for financial services as it deems necessary for the conduct of its affairs.
The corporation may charge such fees for its services as it considers necessary for the operation of the corporation.
If at any time, the corporation has funds in excess of the amount that is required for its immediate purposes, it shall pay over the excess to the Minister of Finance for investment for and on behalf of the corporation.
Moneys paid to the Minister of Finance for investment under subsection (1) shall form part of the Consolidated Fund and together with the interest earnings thereon, shall be credited to the account of the corporation in the Consolidated Fund; and those earnings, and the principal sum invested for the corporation by the Minister of Finance hereunder, or any part thereof, shall be deemed to be trust funds held by the Minister of Finance, and shall be paid over to the corporation by the Minister of Finance on request of the corporation.
The accounts of the corporation shall, at least once each year, be audited and reported on by an auditor, who may be the Provincial Auditor, appointed by the Lieutenant Governor in Council and the costs thereof shall be borne by the corporation.
Notwithstanding subsection (1), the Lieutenant Governor in Council or the Provincial Auditor may at any time order an audit of, or an investigation into the accounts or affairs of the corporation; and where such an audit or investigation is ordered, the Lieutenant Governor in Council or the Provincial Auditor, as the case may be, shall designate the person to make the audit or investigation.
The corporation shall, 3 months after the close of each fiscal year, file with the minister an annual report with respect to the affairs of the corporation signed by the chairperson or vice-chairperson of the corporation together with an audited balance sheet of the corporation and an audited statement of the revenues and expenditures of the corporation; and the minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Legislative Assembly forthwith if it is in session, and if not, then within 15 days of the commencement of the next ensuing session thereof.
In addition to the annual report mentioned in subsection (1), the minister may require the board to furnish to the minister such other reports respecting the business and operation of the corporation.
The Minister of Finance may, on the requisition of the minister and subject to the approval of the Lieutenant Governor in Council, make grants to the corporation from and out of the Consolidated Fund with moneys authorized for the purpose by an Act of the Legislature.
For the purposes of this Act and to enable the corporation to carry out its purposes and objects, the corporation may establish a fund made up of
(a) moneys received from time to time from the government;
(b) contributions received from any source by way of grant, gift or bequest;
(c) proceeds from the disposal of any property of the corporation;
(d) moneys borrowed by the corporation under this Act;
(e) moneys received by the corporation from rendering services, charging fees or levying royalties; and
(f) income earned from the investment of moneys in the fund.
With the approval of the Lieutenant Governor in Council, the corporation may, from time to time, borrow or raise money for temporary purposes by way of overdraft, line of credit, or loan, or otherwise upon the credit of the corporation, in such amounts not exceeding in the aggregate the sum of $500,000. of principal outstanding at any time, upon such terms, for such periods, and upon such other conditions, as the corporation may determine.
The government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal and interest on any borrowings of the corporation under subsection (1).
The corporation shall not borrow or raise moneys under subsection (1)
(a) by way of overdraft or line of credit with a bank; or
(b) by sale of its short term notes to a bank in lieu of borrowing by overdraft or line of credit; or
(c) by mortgaging or pledging any of the real or personal property of the corporation; unless it has obtained the prior approval of the Minister of Finance, who, at the request of the corporation, may act as its agent in the borrowing or raising of the moneys.
To the extent permitted by any Act of the Legislature, the Lieutenant Governor in Council may authorize the raising by way of loan, in the manner provided in The Financial Administration Act, of such amounts as the Lieutenant Governor in Council may deem requisite for any of the purposes of the corporation, and any such amounts may be advanced and paid over by the Minister of Finance to the corporation and shall be repaid by it to the Minister of Finance at such times, and on such terms, as the Lieutenant Governor in Council may direct, together with interest thereon at such rate per year as may be approved by the Lieutenant Governor in Council from time to time.
Funding for corporation capital development purposes shall consist of capital funding in the aggregate amount of not more than $35,000,000. to be utilized exclusively for the purpose of researching, developing, establishing, acquiring facilities for the transmission, reception, collection, examination, storage, treatment, recycling and disposal of hazardous wastes, said funding to be provided to the corporation by the government, on the basis of annual capital expenditure plans developed by the corporation.
The Lieutenant Governor in Council may direct that the profits realized from the operations of the corporation, if any, be paid over to the government for deposit as general revenue of the province, and losses incurred by the corporation as a result of its operations may be funded by the government in the immediately ensuing fiscal year, subject to the approval of the Lieutenant Governor in Council, from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature for the purpose.
No action lies or shall be instituted against any employee or member of the board to recover any loss or damage alleged to have been suffered by any person as a consequence of any act or omission of the employee or member in connection with the carrying out of the powers and duties given under this Act or the regulations to the employee or member unless the act or omission resulted from the negligence of the employee or member.
This Act may be referred to as chapter H15 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day fixed by proclamation.