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S.M. 1999, c. 33
THE ASSOCIATION OF MANITOBA MUNICIPALITIES INCORPORATION AND CONSEQUENTIAL AMENDMENTS ACT
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(Assented to July 14, 1999)
WHEREAS the Union of Manitoba Municipalities and the Manitoba Association of Urban Municipalities have, by special resolution of members at meetings of members of each organization called for that purpose, approved their amalgamation and continuance as one corporation under the name "Association of Manitoba Municipalities";
AND WHEREAS it is considered expedient to amalgamate and continue the organizations as one corporation with all the powers and obligations of a corporation under The Corporations Act;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"amalgamating organizations" means the Union of Manitoba Municipalities and the Manitoba Association of Urban Municipalities; (« organisations fusionnantes »)
"association" means the Association of Manitoba Municipalities, amalgamated and continued under section 2; (« Association »)
(a) a municipality continued or formed under The Municipal Act,
(b) a local government district, or
(c) a community as defined by The Northern Affairs Act. (« municipalité »)
The amalgamating organizations are amalgamated and continued as a body corporate under the name "Association of Manitoba Municipalities".
The objects of the association are to promote the general welfare of its members and their inhabitants.
Except to the extent that it is inconsistent with this Act, The Corporations Act applies to the association.
The association has no authorized share capital and shall be carried on without pecuniary gain to its members, and any profits or other accretions to the association shall be used in furthering its objects.
The property and obligations of the amalgamating organizations immediately prior to amalgamation continue to be the property and obligations of the association.
An existing cause of action, claim or liability to prosecution is unaffected by the amalgamation, and a civil, criminal or administrative action or proceeding by or against either amalgamating organization may continue to be prosecuted by or against the association.
The membership of the association consists of:
(a) the members of the amalgamating corporations as at December 31, 1998;
(b) those municipalities who are admitted from time to time as members by resolution of the board of directors;
(c) if other classes of membership are prescribed by by-law, those persons or organizations who are admitted as members in accordance with the by-laws.
Any municipality may apply for membership in the association and, on becoming a member, may pay the annual membership dues, and spend municipal monies in paying the expenses of delegates attending district, annual and special meetings.
The first board of directors of the association are those persons holding the following offices as at December 31, 1998:
(a) the presidents of the amalgamating organizations;
(b) the vice-presidents of the amalgamating organizations;
(c) all members of the board of directors of the Union of Manitoba Municipalities;
(d) the member of the Manitoba Association of Urban Municipalities board of directors representing the Northern Region of Manitoba Association of Urban Municipalities.
Subject to subsection (1), the board of directors shall consist of the number of directors fixed by by-law, which shall not be less than three, and the directors shall be elected or appointed in such manner and for such term as is prescribed by by-law.
The by-laws approved by the first board of directors of the association shall be the by-laws of the association until they are repealed or amended.
The board of directors may, by resolution, make, amend or repeal any by-laws that regulate the business and affairs of the association including, without limitation, by-laws establishing separate classes of membership in the association and the terms and conditions attaching to each class.
The directors shall submit a by-law, or an amendment or repeal of a by-law, made or approved under subsection (2) to the members at the next meeting of members of the association, and the members may by ordinary resolution confirm, reject or amend the by-law, amendment or repeal.
The association has all the rights and privileges and is liable for the obligations that it would have had if this Act had been in force since January 1, 1999, and all decisions made or actions taken by the existing organizations or by its officers or employees on its behalf, in the period from January 1, 1999 to the day this Act is enacted, are valid and enforceable as decisions and actions of the association, as if this Act had been in force during that period.
Consequential amendment, C.C.S.M. c. C173
Clause 8(2)(c) of The Conservation Agreements Act is amended by striking out "Union of Manitoba Municipalities" and substituting "Association of Manitoba Municipalities".
Clause 3(3)(b) of The Conservation Districts Act is repealed and the following is substituted:
(b) the Association of Manitoba Municipalities; and
Section 7 of The Manitoba Investment Pool Authority Act is repealed and the following is substituted:
The affairs of the authority shall be managed and administered by the board consisting of not fewer than seven and not more than nine persons as the board may from time to time determine, appointed by the Association of Manitoba Municipalities.
Clause 10(1)(c) of The Law Society Act is amended by
(a) adding "and" at the end of subclause (ii); and
(b) repealing subclauses (iii) and (iv) and substituting the following:
(iii) the president of the Association of Manitoba Municipalities.
The Municipal Affairs Administration Act is amended by this section.
Clause 8(1)(c) is amended by striking out "Union of Manitoba Municipalities and Manitoba Association of Urban Municipalities" and substituting "the Association of Manitoba Municipalities".
Subsection 8(3) is amended by striking out "Union of Manitoba Municipalities and of the Manitoba Association of Urban Municipalities" and substituting "Association of Manitoba Municipalities".
Clause 7(2)(e) of The Sanatorium Board Act is repealed and the following is substituted:
(e) the president of the Association of Manitoba Municipalities or such other person as the executive of the association may appoint to attend in his or her place; and
Section 112 of The City of Winnipeg Act is repealed and the following is substituted:
The city may apply for membership in
(a) the Association of Manitoba Municipalities;
(b) The Federation of Canadian Municipalities; and
(c) such other organizations that in the opinion of the council it is in the interests of the city to belong.
The following Acts are repealed:
(a) The Manitoba Association of Urban Municipalities Act, S.M. 1989-90, c. 74;
(b) The Union of Manitoba Municipalities Act, S.M. 1989-90, c. 86.
This Act is retroactive and is deemed to have come into force on January 1, 1999.