S.M. 1989-90, c. 69
Bill 101, 2nd Session, 34th Legislature
The Dauphin Boys' and Girls' Band Act
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(Assented to March 15, 1990)
WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The council of the Town of Dauphin may pass a by-law for the establishment in the Town of Dauphin of a boys' and girls' band.
A by-law under section 1 shall not be passed by the council unless
(a) it has been submitted to a vote of the ratepayers of the Town of Dauphin at the annual municipal election held after the by-law has had first reading, and the ratepayers have assented to it; and
(b) it has been authorized by The Municipal Board and Public Utility Board.
On the passing of a by-law, the council of the Town of Dauphin shall establish and maintain a boys' and girls' band in the Town of Dauphin, and shall annually levy and collect, as a special rate, a band tax on the assessed value of the lands or other rateable property, or both, in the town for the purposes authorized by the by-law.
The amount of the tax levied under subsection (1) shall not be such as to require the levying of a rate higher than one-half mill on the dollar on the assessed value of the lands or other rateable property, or both, in the town.
The monies collected by the tax levied under section 3 shall be a band fund and shall be kept separate from other monies of the town, and shall be used only for the purposes authorized by the by-law.
The money in the band fund shall, from time to time as required, be paid to the band board by the treasurer of the town on requisition by the board.
On the final passing of a by-law under this Act, the council of the Town of Dauphin at its first meeting in 1952 shall appoint a band board of seven members for the government and supervision of the band.
The board shall be composed of two members of the council and five other ratepayers of the town.
No member of the board shall receive any remuneration for services.
Notwithstanding subsection (2), the council may appoint to the board a person who is a resident of the Rural Municipality of Dauphin, if the municipality has made a reasonable financial contribution to the Town of Dauphin in the year before the appointment, to assist in the maintenance of the band.
Where the council appoints a resident of the Rural Municipality of Dauphin to the board, the number of members on the board who are ratepayers of the Town of Dauphin shall be reduced to four.
Subject to subsection (4), the term of office of the members appointed from the council shall be one year and thereafter until successors are appointed, and shall begin on the day they are appointed.
Subject to subsection (3) and (4), the term of office of each member of the board, other than the members appointed from the council, shall be two years and shall begin on the day they are appointed.
Of the members first appointed, other than the members appointed from the council of the town, three shall be appointed for one year and thereafter until their successors are appointed, and the other two shall be appointed for two years and thereafter until their successors are appointed.
Where a vacancy in the membership of the board occurs because of the death or resignation of a member, or from any cause other than the expiration of the term for which the member was appointed, the council of the Town of Dauphin at its first meeting after the vacancy has occurred, shall appoint a new member to fill the vacancy; and the person so appointed shall hold office for the remainder of the term of the member in whose place the person is appointed and thereafter until a successor is appointed.
The council at its first meeting in the year shall appoint members of the board to succeed each of those members whose term of office expires during that year.
Members of the board are eligible for re-appointment.
The board, at its first meeting in each year, shall appoint one of its members to be chairperson.
The chairperson shall preside at meetings of the board and, in the absence of the chairperson, the members of the board present at a meeting may appoint one of their number to be chairperson for that meeting.
The chairperson has the same voting rights as other members of the board.
The board shall meet at least six times in each year, and at least one month shall elapse between regular meetings of the board in each year and between the last regular meeting in each year and the first meeting in the next year; but nothing in this section prevents the holding of a special meeting under subsection (3).
A majority of the members of the board constitutes a quorum.
The chairperson, or any two members of the board, may summon a special meeting by giving at least two days' notice in writing to each member, stating the purpose of the meeting.
The board shall
(a) govern, supervise, operate and manage the boys' and girls' band established by the council;
(b) make such rules and regulations to govern its own procedure, and for the government, supervision, operation and management of the band as it may considers expedient;
(c) on or before November 30 in each year, lay before the council of the Town of Dauphin a detailed estimate of the sums required by the board for the next calendar year to meet the expenses of the band;
(d) have exclusive control of the expenditure of all monies collected by the tax levied under section 3, or provided by the council for the purposes of the band, and of all monies donated or bequeathed to the board for band purposes, and of all other revenue of the board;
(e) appoint and, where it considers necessary, remove or suspend a bandmaster and assistants, prescribe rules for their conduct, and fix their remuneration;
(f) keep proper accounts of the receipts, payments, credits, assets and liabilities of the board and submit its accounts for audit by the municipal auditor in the manner, and at the same time, as the accounts of the town, and lay the audited accounts before the council.
The sum in the estimate laid before the council under paragraph 1(c) shall not exceed the amount for which a tax may be levied under subsection 3(2).
NOTE: The original Act is found at S.M. 1951, chapter 77.