S.M. 1986-87, c. 52
An Act to incorporate The Portage District General Hospital Foundation
(Assented to September 10, 1986)
WHEREAS the persons hereinafter named have, by their petition, prayed that it be enacted as hereinafter set forth, and it is expedient to grant the prayer;
AND WHEREAS it is deemed desirable to create a corporation to receive donations of property, real or personal, in trust for charitable purposes for the benefit of the Portage District General Hospital (hereinafter called "the hospital") and for the care, benefit and comforts of patients of the hospital and, if considered necessary, to provide responsible trustees to have custody and management of any property so donated;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
There is hereby created a body corporate under the name: "The Portage District General Hospital Foundation", hereinafter called "the corporation".
The corporation shall be composed of the members from time to time of the advisory board of the corporation hereinafter called "the board".
Pending the appointment of the advisory board as hereinafter provided, the corporation shall be composed of: Gloria Valdine Keeling, Businesswoman, Donald Athol Stewart, Farmer, David Burton Cameron, Engineer, James Alexander Knight, Farmer, and William Watson Devine, Administrator, all of The City of Portage la Prairie in the Province of Manitoba.
The head office of the corporation shall be in The City of Portage la Prairie.
The persons named in section 2 shall be the first members of the board of the corporation and shall hold office until replaced in accordance with subsection (2).
The board of directors of the hospital shall, at its first meeting following each annual meeting of the members of the hospital, appoint to the board of the corporation not less than 4 and not more than 6 persons resident in the province, not less than 4 of whom shall be members of the board of directors of the hospital.
Each member of the board of the corporation shall hold office for one year or until such time as their successor is appointed.
Filling of vacancies on board.
The board of directors of the hospital may fill any vacancy on the board of the corporation for the unexpired portion of the term required to be filled.
The corporation has all the powers, privileges and immunities conferred by, and is subject to all the limitations and liabilities set out in, The Corporations Act that are applicable thereto and may
(a) receive donations of and hold, control and administer property of every kind and description, whether real or personal and wheresoever situate; and
(b) if not in contravention of any express term of an instrument under which a donation is received, convert any property received or held by the corporation into any other form and for such purpose to sell, dispose of, assign, transfer, lease or exchange the property; and
(c) pass on and entrust to a trust company the custody and management of all or any part of the property received or held by the corporation in a manner and in portions determined by the board and enter into agreements with the trust company with regard thereto; and
(d) lease any lands at any time held by the corporation.
All transfers, transmissions, applications, assignments or conveyances of property by the corporation shall be executed
(a) by and on behalf of the corporation in such manner as the corporation may by by-law prescribe; and
(b) by the trustee, if any, for the time being of the property to be transferred, transmitted, applied for, assigned or conveyed.
The corporation may use the income from the property of the corporation and such part of the principal of the property of the corporation as the board considers proper for the enhancement of health care within the community served by the hospital and for research, education and program development within the health field.
Administration of capital under direction of donor.
Where a donor of property to, or for the benefit of, the corporation directs in the instrument creating a trust or making a gift to the corporation that the capital thereof and the distribution of income thereof be used for any purpose within the scope of the corporation, the corporation, subject to subsection (3), shall administer the capital thereof and distribute the income therefrom as directed.
In deciding the manner in which income shall be used or applied, the board shall respect and be governed by any particular wish expressed by the donor of the property from which the income derives and that is set out in the instrument creating the trust or making the gift to the corporation.
Departure from directions or wishes.
Where, after the death of a donor or, if the donor is a corporation, after the dissolution thereof, conditions arise whereby, in the opinion of the board, the departure from any wish or direction expressed in the instrument creating a trust or making a gift to the corporation would further the true intent and purpose of this Act, the board may apply to the Court of Queen's Bench for permission to make such departure and the Court may make an order giving the consent where the circumstances appear proper.
The corporation may pass by- laws regulating the carrying out of its duties under this Act.
Exercise of powers of appointment, etc.
Where a donation of property has been made to the corporation in trust to take effect in future, the corporation may accept and exercise any powers of appointment, settlement or distribution with respect to the income in whole or in part derivable from property in the interim and may nominate executors and trustees as may be provided in the instruments creating the trust.
The corporation at least once in each fiscal year of the corporation shall cause an audit to be made by an auditor other than the corporation accountant of the receipts and disbursements with respect to each separate donation or trust belonging to or administered by the corporation and shall cause to be published a certified statement by the auditor showing
(a) in detail, the investments made of all funds donated or entrusted to the corporation;
(b) the amount of income received by the corporation during the preceding fiscal year;
(c) the purposes for which any distribution of income or principal was made;
(d) the expenses of the corporation and in particular of the board of directors;
(e) the amount of any property that donors have set apart for the benefit of the corporation to become effective in the future and the names of those donors.
This Act comes into force on the day it receives the royal assent.