S.M. 1986-87, c. 23
An Act to amend The Law Society Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Section 2 of The Law Society Act, being chapter L100 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding, immediately after clause (d), the following clause:
(d.l) "board" means the board of directors of the foundation;.
Section 2 of the Act is further amended by adding, immediately after clause (f), the following clause:
(f.l) "director" means a director of the foundation;.
Section 2 of the Act is further amended by adding, immediately after clause (h), the following clause:
(h.l) "foundation" means The Manitoba Law Foundation;.
Subsection 30.2(2) of the Act is repealed and the following subsection is substituted therefor:
A member making deposits in an account under subsection (1) is deemed to hold any interest earnings resulting therefrom as trustee for the foundation, and shall direct the bank or other institution where the account is kept to remit the earnings, less accrued service or other charges pertaining to the operation of the account, to the foundation.
Subsecs. 30.2(3) and (3.1) rep.
Subsections 30.2(3) and (3.1) of the Act are repealed.
Subsection 30.2(4) of the Act is amended by striking out the words "Minister of Finance" in the 2nd line and substituting the word "foundation".
Subsection 30.2(7) of the Act is repealed.
The Act is amended by adding, immediately after section 52, the following sections:
Manitoba Law Foundation established.
There is hereby established a body corporate under the name "The Manitoba Law Foundation".
The objects of the foundation are to encourage and promote
(a) legal education;
(b) legal research;
(c) legal aid services;
(d) law reform; and
(e) the development and maintenance of law libraries.
The foundation may
(a) receive the interest earned on trust accounts and paid to it under this Act;
(b) receive any gift, grant, devise or bequest made to it from any source;
(c) invest any portion of its funds not immediately required for its purposes.
The foundation shall pay from its funds, in each fiscal year,
(a) to The Legal Aid Services Society of Manitoba, 50% of the total trust account interest received by the foundation under section 30.2 in that fiscal year, or the amount of $1,007,629., whichever is greater; and
(b) to the society, for educational purposes, 18.75% of the total trust account interest received by the foundation under section 30.2 in that fiscal year, or the amount of $335,383., whichever is greater; and if the funds of the foundation, after paying the expenses of administering its affairs, are insufficient to make those payments, the payments shall be made in pro rata amounts.
The foundation may, in each fiscal year, after making or providing for the grants required to be made under subsection (1), make such other grants, consistent with its objects, as it deems advisable.
The affairs of the foundation shall be managed by a board of 10 directors,
(a) 5 of whom shall be appointed by the Attorney-General;
(b) 3 of whom shall be appointed by the governing body of the society;
(c) one of whom shall be appointed by the president of the Manitoba branch of The Canadian Bar Association; and
(d) one of whom shall be the Dean of the Faculty of Law at the University of Manitoba or a member of the Faculty appointed by the Dean.
The board may,
(a) in the name and on behalf of the foundation, exercise all or any of the powers of the foundation;
(b) make by-laws for its own procedure.
Subject to subsection (2), each director shall be appointed to hold office for a term of 3 years and may be re-appointed for one additional term of 3 years.
Of the directors appointed first, those whom the Attorney- General in consultation with the society may select shall each be appointed to hold office for a term of 2 years.
A director whose term of office has expired continues to hold office until a successor is appointed.
A director who
(a) fails to attend 3 consecutive regular meetings of the board, except where the board by resolution excuses the absences; or
(b) in the case of a director who is a barrister and solicitor, ceases to be a member in good standing of the society; or
(c) is found by a court to be of unsound mind; or
(d) becomes a bankrupt within the meaning of the Bankruptcy Act ( Canada); is disqualified from holding office as a director, and the office held by that director is thereupon vacated.
Any vacancy among the directors resulting from resignation, disqualification or death before the expiry of a term of office shall be filled by a new appointment for the remainder of the unexpired term made in accordance with section 57.
The directors shall receive, from the funds of the foundation, such remuneration for their services as the Attorney-General may approve, and reimbursement for reasonable expenses incurred in providing those services.
The Attorney-General shall designate one of the directors as chairperson, to preside at meetings of the board, and another as vice-chairperson, to preside at meetings of the board in the absence of the chairperson.
The board shall meet at least 4 times in each year.
Six directors constitute a quorum for the purpose of holding any meeting of the board.
A director who is associated with a recipient or proposed recipient of a grant from the foundation, and discloses that association to the board, may vote on any question relating to the grant, unless the director has a direct pecuniary interest in the grant.
No later than 90 days after the close of each fiscal year of the foundation, the foundation shall cause to be prepared and to be submitted to the Attorney-General
(a) an audit of its books, records and accounts; and
(b) a report of its activities and financial affairs; respecting its immediately preceding fiscal year.
Tabling in Legislative Assembly.
The Attorney-General shall table each audit and report received under subsection (1) in the Legislative Assembly, forthwith if it is then in session or, if it is not then in session, within 15 days after the commencement of the next ensuing session thereof.
This Act comes into force on a day to be fixed by proclamation.