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S.M. 1996, c. 70
THE MANITOBA FILM AND SOUND RECORDING DEVELOPMENT CORPORATION ACT
(Assented to November 19, 1996)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"corporation" means the Manitoba Film and Sound Recording Development Corporation established by section 2; (« Société »)
"cultural industries" means the film industry and sound recording industry; (« industries culturelles »)
"department" means the Department of Culture, Heritage and Citizenship; (« ministère »)
"film industry" means the industry relating to the creative, technical and administrative aspects of making, producing, marketing, distributing and exhibiting a film, video or television production, and includes professional actors, writers, producers and directors and other persons engaged in such industry in a professional capacity; (« industrie cinématographique »)
"fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year; (« exercice »)
"member" means a member of the corporation appointed under section 3; (« administrateur »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"sound recording industry" means the industry relating to the creative, technical and administrative aspects of making, marketing, distributing and broadcasting a sound recording, and includes professional musicians, performers, songwriters, composers, producers and publishers and other persons engaged in such industry in a professional capacity. (« industrie de l'enregistrement sonore »)
ESTABLISHMENT OF CORPORATION
The "Manitoba Film and Sound Recording Development Corporation" is established as a body corporate consisting of the members to be appointed by the Lieutenant Governor in Council.
ORGANIZATION OF CORPORATION
The activities of the corporation shall be conducted and managed by not less than three and not more than nine members appointed by the Lieutenant Governor in Council, on the proposal of the minister, after consultations with professional associations considered by the minister to be representative of the cultural industries.
The Lieutenant Governor in Council shall, on the proposal of the minister, designate one member as chairperson and another as vice-chairperson.
In the absence or incapacity of the chairperson, or if there is a vacancy in that office, the vice-chairperson may act in place of the chairperson.
In the absence or incapacity of the chairperson or vice-chairperson, or if there is a vacancy in either of those offices, the corporation may designate one of its members as chairperson or vice-chairperson on an interim basis.
A member shall be appointed to hold office for a term of not more than three years.
A member shall continue to hold office until he or she is reappointed, a successor is appointed or the appointment is revoked.
A member may be reimbursed for travel and living expenses incurred while absent from his or her ordinary place of residence in the course of performing duties under this Act, but shall receive no remuneration for his or her services as a member.
The members shall meet at least six times a year at such times and places in Manitoba as they consider appropriate.
A majority of the members constitutes a quorum for the transaction of business.
OBJECTS AND POWERS
The objects of the corporation are to foster the growth of the cultural industries in Manitoba and, without limiting the generality of the foregoing, the corporation may continue, establish and administer policies and programs that are designed to provide financial and other assistance and services to the cultural industries for the purpose of
(a) promoting the training, development and employment of individuals engaged in the creative, technical and administrative aspects of the cultural industries;
(b) stimulating the productivity, development and growth of persons engaged in the creative, technical and administrative aspects of the cultural industries;
(c) enhancing the quality, competitiveness and marketing of products and services produced by the cultural industries; and
(d) encouraging and participating and cooperating in consultations and undertakings with persons, businesses, organizations, associations and departments and agencies of the government or of any other government which have any objects or duties related to those of the corporation.
In furtherance of its objects and in accordance with this Act, and without limiting the generality of the foregoing, the corporation may
(a) continue, establish and administer policies and programs that provide financial or other assistance or services to the cultural industries by way of
(ii) loan guarantees,
(iv) equity investments providing a right, interest or share in assets, earnings or profits, or
(v) any other form of incentive or assistance authorized by the corporation,
on such terms and conditions, including the taking of security, as the corporation considers appropriate;
(b) disseminate information respecting its policies, programs, services and activities;
(c) set fees and charges, or determine the manner in which fees and charges are to be set, for programs and services provided by it;
(d) enter into arrangements, undertakings, contracts, including contracts for consulting services, and agreements, including funding agreements with the department;
(e) advise on, promote, assist in and undertake research, studies and activities related to the cultural industries;
(f) draw, make, accept, endorse, execute and issue promissory notes, bills of exchange or other negotiable or transferable instruments;
(g) take, hold, realize on and otherwise dispose of any securities held with respect to its provision of financial or other assistance, whether the securities are real or personal property;
(h) acquire, hold and dispose of any real or personal property or any interest in such property;
(i) apply for, acquire, hold and dispose of any invention, patent, copyright, trademark, industrial design or other similar property;
(j) accept or refuse any gift, bequest or devise, acquire any real or personal property or money by gift, bequest or devise and hold, expend, administer and dispose of any of the property or money subject to any conditions prescribed by the person making the gift or by the will or other instrument under which it is acquired;
(k) expend for the purposes of this Act any money paid to or received by the corporation for or in connection with the conduct of its activities;
(l) invest and deal with any of its money that is not immediately required for expenditure;
(m) act as a trustee of any money or property acquired by it in trust for any purpose; and
(n) do any acts incidental, ancillary or conducive to carrying out its objects, duties and powers under this Act or any other Act of the Legislature.
The corporation may make by-laws for the regulation of its proceedings and generally for the conduct and management of its activities, including the establishment of one or more advisory committees.
APPOINTMENT OF OFFICERS AND STAFF
Appointment of officers and staff
The corporation may
(a) appoint a person, other than a member, as general manager of the corporation;
(b) appoint such other officers and such employees as are necessary to conduct the work of the corporation;
(c) prescribe the duties of officers and employees and the terms and conditions of their employment; and
(d) fix the salaries and prescribe the travel and other expenses of officers and employees.
The general manager is the chief executive officer of the corporation, has supervision over and direction of the work and staff of the corporation and may attend meetings of the corporation but is not entitled to vote.
The Minister of Finance may, on the requisition of the minister, make grants to the corporation out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.
To the extent permitted by an Act of the Legislature, the Lieutenant Governor in Council may, in the manner provided in The Financial Administration Act, authorize the advance of money by the government to the corporation for the purposes of this Act in such amounts and on such terms and conditions as the Lieutenant Governor in Council may direct.
The corporation shall engage an auditor to examine and audit the records, accounts and financial transactions of the corporation at least once annually, prepare a report with respect to that audit and provide a copy of the report to the corporation.
The expenses of an audit referred to in subsection (1) shall be paid by the corporation.
The corporation shall, annually within four months after the end of each fiscal year, make a report to the minister on the activities of the corporation during that fiscal year, and the report shall include the audited financial statements of the corporation and any other information that the minister may request.
Tabling of reports in the Assembly
Without delay after the minister receives a report of the corporation referred to in section 16, the minister shall lay the report before the Legislative Assembly if the Assembly is then in session, and if it is not, then the minister shall lay the report before the Assembly within 15 days after the beginning of the next session.
The Lieutenant Governor in Council may make regulations
(a) prescribing policies, procedures and programs, including terms and conditions of programs, for assistance and services provided by the corporation;
(b) authorizing the corporation to enter into, extend or amend any agreement or undertaking related to the objects or duties of the corporation or amend any term or condition of assistance or services provided by it;
(c) governing the dissemination of information respecting policies, procedures, programs, services and activities of the corporation; and
(d) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for the purposes of this Act.
This Act may be referred to as chapter F54 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day fixed by proclamation.