An Act to incorporate The Royal Winnipeg Rifles Foundation

S.M. 1986-87, c. 53

An Act to incorporate The Royal Winnipeg Rifles Foundation

(Assented to September 10, 1986)

WHEREAS The Royal Winnipeg Rifles has a long and distinguished record of service to Canada since the formation of the Regiment in 1883;

AND WHEREAS it is desirable to maintain the traditions of the Regiment and to promote its well-being and continuance;

AND WHEREAS it is desirable to create a perpetual body to receive donations in trust for those purposes and to pass on to trustees specially selected for that purpose the custody and management of the property so acquired to the end that the net annual income shall be devoted perpetually to the preservation of the Regimental records and monuments, the continuity of command, and the continuation and advancement of the Regiment;

AND WHEREAS the Royal Winnipeg Rifles Regimental advisory board has, by its petition, prayed that it be enacted as hereinafter set forth, and it is expedient to grant the prayer of the petitioner;

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

Definitions.

1

In this Act

"advisory board" means The Royal Winnipeg Rifles Regimental Advisory Board; ("Conseil consultatif")

"board" means the board of directors appointed under this Act; ("Conseil" )

"custodian" means a trust company appointed under this Act to have custody of the property of the Foundation;

"donation" includes any gift, testamentary disposition, deed of trust or other form of contribution; ("donation")

"Foundation" means "The Royal Winnipeg Rifles Foundation"; ("Fondation")

"fund" means the Trust Fund established under this Act; ("fonds" )

"property" includes real and personal property; ("bien")

"Regiment" means "The Royal Winnipeg Rifles". ("Regiment")

Incorporation.

2(1)

The Foundation is hereby constituted a body corporate under the name "The Royal Winnipeg Rifles Foundation" and, subject to the provisions of this Act, has the capacity, rights, powers and privileges of a natural person.

Composition of Foundation.

2(2)

The Foundation shall be composed of the members of the board.

Objects.

3(1)

The objects of the Foundation are to

(a) promote the well-being and perpetuation of the Regiment;

(b) preserve the Regimental records, monuments, artifacts, documents, history and non-public property;

(c) promote and encourage youth activities and education including scholarships or bursaries, cadet corps and bands;

(d) promote the maintenance of Regimental traditions; and

(e) encourage and assist the Royal Winnipeg Rifles Association, the Little Black Devils Officers Association and any other association or society associated with the Regiment.

Preservation and maintenance of monuments.

3(2)

On the advice of the advisory board the Foundation may contribute all or part of the cost of erection, preservation and maintenance of monuments whether within or outside Manitoba or Canada.

Appointment of Board.

4(1)

The board shall consist of

(a) The Honourary Colonel of the Regiment;

(b) The Honourary Lieutenant - Colonel of the Regiment;

(c) The Commanding Officer of the serving Battalion;

(d) Former Commanding Officers of the Battalion;

(e) The president for the time being of each of the Little Black Devil's Officers' Association and, the Royal Winnipeg Rifles Association; and

(f) Such other persons, not exceeding 12 as may be appointed by the persons referred to in clauses (a) to (f) from time to time.

No remuneration.

4(2)

Members of the board shall serve without remuneration or pecuniary gain of any kind.

Powers.

5

The Foundation may

(a) acquire, receive, hold, control and administer property of every kind and description, and wheresoever situated;

(b) if not in contravention of any express term of a donation under which it is received, convert any property at any time, or from time to time received or held by the Foundation, into any other form, and for such purpose sell, dispose of, assign, transfer, lease, or exchange the property;

(c) entrust to one or more trust companies, the custody of all or any portion of the property at any time or from time to time received or held by the Foundation, in such manner as the Board may direct, and enter into agreements with the companies with regard thereto;

(d) lease any lands at any time held by the Foundation;

(e) pay the expenses of administering the Foundation.

Appointment of custodians.

6(1)

As soon as practicable after a donation has been received and becomes operative, the Foundation shall appoint a trust company to have the custody of the property, other than money included in the donation, or such portion thereof as may be allotted to that trust company by the board.

Consideration given to donor's wishes.

6(2)

In making an appointment of a custodian under subsection (1) consideration shall be given to any wish expressed by the donor of the property to be entrusted to the custodian.

Qualifications of custodians.

6(3)

A trust company appointed as a Custodian under subsection (1) shall be one which is authorized to act as an executor and administrator within Manitoba.

Revocation of appointment.

6(4)

The Foundation may at any time by resolution revoke the appointment of a custodian and appoint another trust company as a new custodian.

Duties of custodian.

6(5)

Every trust company during its continuance in office as a custodian for the Foundation shall

(a) give effect to and observe all directions given to it by the board with respect to any property entrusted to it by the Foundation;

(b) distribute from the moneys in its possession, such sums in such manner as the board at any time or from time to time by resolution may direct; and

(c) give full information and permit the necessary inspections required for the purpose of an audit under section 11.

Investments.

7

Subject to any specific direction by a donor or a judge of the Court of Queen's Bench, the Foundation shall invest its funds and other property, and the funds and property entrusted to it, in properties or securities in which life insurance companies are permitted to invest their funds under the Canadian and British Insurance Companies Act (Canada).

Trust Fund.

8(1)

Notwithstanding anything in this or any other Act of the Legislature, the Foundation may establish a Trust Fund in which property received by the Foundation by way of separate donations is combined for the purposes of facilitating investment.

Operation of Fund.

8(2)

The board may make regulations from time to time concerning

(a) the operation of the Fund;

(b) the method of valuation of investments in the Fund, and the date of dates upon which the valuation may be made;

(c) the distribution of the income of the Fund;

(d) the property that may be included in the Fund.

Direction of donor.

8(3)

A direction in writing by the donor of property that the property is not to be included in the Fund is binding on the board.

By-laws.

9

The board by special resolution may make, amend and repeal by-laws not inconsistent with this Act, to provide for the management of the property and affairs of the Foundation.

Trust with future effect.

10

Where a donation has been made to the Foundation in trust of any property to take effect in the future, the board may accept and exercise any powers of appointment, settlement or distribution with respect to the income in whole or in part derivable from the property until the donation takes effect.

Audit.

11

The board shall cause an audit of the financial transactions of the Foundation to be made at least once in every fiscal year by a person independent of the Foundation who is a member in good standing of a professional accounting body incorporated in the province, and shall publish the auditor's reports.

Liberal construction.

12

This Act is to be construed liberally to the end that the courts of Manitoba may assist in making or effecting gifts for charitable purposes and may, in case of any failure on the part of the Foundation or those entrusted with the powers of appointing the board, or otherwise howsoever, do what may be necessary to carry out the true intent and purpose of this Act.

The Corporations Act.

13

The Corporations Act does not apply to the Foundation.

Commencement.

14

This Act comes into force on the date it receives the royal assent.