Manitoba Laws

S.M. 1987-88, c. 20

The Crime Prevention Foundation Act

(Assented to July 17, 1987)

WHEREAS the prevention of crime promotes the security and well-being of all Manitobans;

WHEREAS the prevention of crime through community-based programs, education and cooperation is an important complement to institutional methods of crime deterrence, detection and enforcement; and

WHEREAS assistance to community-based crime prevention groups recognizes the important and selfless efforts of individuals to improve the quality of life in Manitoba;

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

Definitions.

In this Act

"board" means the board appointed under section 2; ("Commission")

"foundation" means "The Crime Prevention Foundation"; ("Fondation")

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

Incorporation.

2(1)

This Act creates a charitable, nonprofit corporation under the name: "The Crime Prevention Foundation".

Board.

2(2)

The affairs of the foundation shall be directed by a board consisting of not more than 15 persons appointed by the Lieutenant Governor in Council to hold office for a term of not more than three years and thereafter until a successor is appointed.

Specified members.

2(3)

The board shall include at least eight persons who are actively involved with crime prevention programs or organizations.

Presiding member.

2(4)

The Lieutenant Governor in Council shall designate one of the members of the board as presiding member, and another as deputy presiding member.

Quorum.

2(5)

A majority of the members of the board is a quorum for the transaction of all business.

Corporations Act.

2(6)

The Corporations Act does not apply to the corporation.

OBJECTS OF FOUNDATION

Establishment of Crime Prevention Centre.

3(1)

The foundation shall establish and maintain a crime prevention centre that is accessible to crime prevention organizations.

Purpose of Crime Prevention Centre.

3(2)

The foundation shall use the Crime Prevention Centre

(a) as the head office of the foundation;

(b) as a meeting place for crime prevention organizations; and

Activities of foundation.

4(1)

The foundation, by providing funding and by acting in its own right, shall encourage and promote

(a) public awareness of crime prevention;

(b) crime prevention research;

(d) the collection of crime prevention resource materials;

(e) the coordination of activities of crime prevention organizations; and

(f) the participation of private citizens in crime prevention programs.

Annual meeting.

4(2)

The foundation shall hold a public meeting at least once a year to report on the foundation's activities and to discuss the direction of crime prevention programs generally.

Minister may refer.

4(3)

The minister may refer to the board for consideration any question related to crime prevention and the board shall consider the question and report thereon to the minister.

FUNDS AND PROPERTY OF FOUNDATION

Establishment of fund.

5(1)

All moneys received by the foundation including all moneys appropriated by the Legislature for the purposes of this Act shall be credited to a fund to be known as "The Crime Prevention Fund" and the funds may be disbursed as the board considers proper.

Funds not public moneys.

5(2)

The funds of the foundation are not public moneys within the meaning of The Financial Administration Act.

Foundation may receive gifts.

6(1)

The foundation may accept and receive any financial or other assistance made available to it, including gifts, devises and bequests for the purposes of the foundation, subject to the terms of any agreement or trust imposed by the testator or donor thereof.

Private contributions.

6(2)

The foundation shall encourage and actively seek private contributions of funds, property, or services for the promotion of crime prevention.

Property of foundation.

The foundation may, subject to any applicable trust, sell, lease, convey or otherwise dispose of any real and personal property received or acquired by the foundation.

Exemption from taxation.

The real and personal property, business and income of the foundation is not subject to taxation by any municipality or by the Government of Manitoba.

Dissolution.

In the event of the dissolution of the foundation, all moneys and all real and personal property of the foundation shall, subject to any applicable trust, become the property of Her Majesty in right of Manitoba. FUNDING POWERS

Applications and submissions.

10(1)

The foundation may receive or request from any person, organization, or institution submissions relating to crime prevention and applications for funding of crime prevention programs or research.

Foundation may enter funding agreements.

10(2)

Subject to subsections (3) and (4), the foundation may enter into agreements to provide funding to applicants for purposes consistent with the objects of this Act in the amounts and subject to conditions the foundation considers advisable.

Review.

10(3)

The foundation shall review the operation, development and cost of crime prevention programs or research for which funding is being provided or is being sought.

Examination of documents.

10(4)

The foundation may require an applicant for or recipient of funding under this section to submit to the foundation such reports, contracts, or documents related to the funding as the foundation considers advisable.

ADMINISTRATION OF FOUNDATION

Conflict of interest.

A member of the board who is associated with an applicant for funding from the foundation shall disclose that association and thereafter may vote on any question relating to the application unless the member has a direct pecuniary interest in the application.

Remuneration.

The foundation may pay from its funds to the members of the board reimbursement for such reasonable expenses as they may incur in the performance of their duties as members and such remuneration for their services as the Lieutenant Governor in Council may approve.

Chief administrative officer.

13(1)

The day to day business of the foundation shall be administered by a chief administrative officer appointed by the Lieutenant Governor in Council following consultation by the minister with the board.

Appointment where vacancy.

13(2)

Where a vacancy occurs for any reason in the position of chief administrative officer, the Lieutenant Governor in Council shall appoint a replacement within six months of the vacancy occurring.

Hiring by board.

13(3)

Where the Lieutenant Governor in Council has not appointed a chief administrative officer within the time set out in subsection (2), the board may hire a chief administrative officer on such terms and conditions as it sees fit.

Employment of staff.

Subject to section 13, the foundation may employ such employees as it considers necessary to perform its functions under this Act.

Banking.

15(1)

The foundation shall make such banking arrangements as the Provincial Auditor may direct, and shall keep such accounts as are satisfactory to the Provincial Auditor.

Fiscal year.

15(2)

The fiscal year of the foundation shall be the 12 month period ending March 31 in any year.

Audit of accounts.

15(3)

The accounts of the foundation shall be audited annually by the Provincial Auditor or by such auditor as the minister designates, in which case the audit shall be paid out of the funds of the foundation.

Report.

16(1)

The foundation shall, within four months after the end of every fiscal year, make a report to the minister on the affairs of the foundation for that fiscal year and the report shall include an audited statement of accounts showing all moneys received and disbursed by the foundation during that fiscal year.

Report laid before Legislature.

16(2)

The minister shall lay a copy of the report of the foundation before the Legislative Assembly forthwith after receiving the report or, if the Legislative Assembly is not then in session, within 15 days after the commencement of the next session.

Reference in Continuing Consolidation.

The Act may be referred to as chapter C303 of the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act.

This Act comes into force on a day fixed by proclamation.