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S.M. 2004, c. 19
Bill 24, 2nd Session, 38th Legislature
The Travel Manitoba Act
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(Assented to June 10, 2004)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"board" means the board of directors of Travel Manitoba. (« conseil »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
TRAVEL MANITOBA ESTABLISHED
"Travel Manitoba" is hereby established as a corporation, consisting of the directors of the board appointed by the Lieutenant Governor in Council in accordance with section 7.
The Corporations Act does not apply to Travel Manitoba.
The purposes of Travel Manitoba are to foster development, growth and diversity in the tourism industry in Manitoba. In particular, Travel Manitoba is responsible for
(a) marketing Manitoba as a desirable tourist destination;
(b) providing appropriate visitor and information services;
(c) stimulating the productivity, development and growth of persons, businesses and organizations engaged in the tourism industry;
(d) enhancing the quality, competitiveness and marketing of tourism products and services;
(e) encouraging, participating in and co-operating in consultations and undertakings with
(i) persons, businesses, organizations or agencies, and
(ii) the government of Manitoba or other governments,
which have a purpose or any duties related to those of Travel Manitoba;
(f) enhancing public awareness of tourism;
(g) promoting the training, development and employment of persons involved in the tourism industry;
(h) carrying out any other functions assigned by the minister.
Travel Manitoba has all the powers necessary or desirable to carry out its purposes, including, but not limited to, the following powers:
(a) to establish and administer policies and programs that provide financial or other assistance or services to the tourism industry by way of grants, or any other form of incentive or assistance, on any terms and conditions that Travel Manitoba considers appropriate;
(b) to disseminate information about its policies, programs, services and activities;
(c) to advise on, promote, assist in and undertake research, studies and activities related to the tourism industry;
(d) subject to any regulations, to set fees or charges, or determine the manner in which they are to be set, for the services and programs it provides;
(e) to acquire and hold any interest in real or personal property and to sell, mortgage, lease, or otherwise deal with or dispose of any interest in real or personal property;
(f) to make banking arrangements;
(g) to deposit its funds in a bank, credit union, trust company or similar financial institution and, with the approval of the Minister of Finance,
(i) to invest funds not immediately required in the manner in which public money may be invested under The Financial Administration Act, and
(ii) to dispose of those investments;
(h) to receive and expend money;
(i) to give security for the repayment of money borrowed under section 16;
(j) to act as trustee of any money or other property that it receives in trust for any purpose;
(k) to enter into agreements with governments, public and private organizations and agencies, and individuals.
Except with the written approval of the minister, Travel Manitoba must not make any expenditure or expenditure commitment beyond the financial limits set by its business plan under section 18.
Travel Manitoba must provide the minister with any financial or other information that the minister may request, at the time and in the manner specified by the minister.
Travel Manitoba is an agent of the Crown.
BOARD OF DIRECTORS
The board of directors is to consist of not fewer than nine and not more than fifteen directors appointed by the Lieutenant Governor in Council.
Three directors are to be appointed to represent the government.
In appointing the remaining directors, the Lieutenant Governor in Council is to consider
(a) the public interest and the cultural diversity of the population of Manitoba, including the aboriginal and francophone populations;
(b) rural, urban and regional interests;
(c) provincial and regional organizations with an interest in tourism;
(d) the diverse interests within the tourism industry, including the accommodation sector, the transportation sector, tour operators, restaurants, festivals and events, and natural and cultural attractions; and
(e) recommendations of the board and the tourism industry.
Directors of the board are to be appointed for a term fixed in the order appointing them, which must not exceed three years, and no director may serve more than two successive terms.
A director continues to hold office until he or she is reappointed, the appointment is revoked or a successor is appointed.
The Lieutenant Governor in Council may fill a vacancy on the board by appointing a person to fill the unexpired term of a former director, and an appointment to the unexpired term is not to be considered a term of office for the purpose of subsection (4).
After consulting with the board, the Lieutenant Governor in Council is to appoint one of the directors as chair of the board and one as vice-chair.
The vice-chair has the authority of the chair when the chair is absent or unable to act, or when authorized by the chair.
In the absence or incapacity of the chair or vice-chair, or if there is a vacancy in either of those offices, the board may designate one of the directors as the chair or vice-chair on an interim basis.
A director must
(a) act honestly and in good faith with a view to the best interests of Travel Manitoba; and
(b) exercise the care, diligence and skill that a reasonable and prudent person should exercise in comparable circumstances.
The board must make by-laws respecting the conduct and management of its activities, including by-laws establishing a code of ethics and a conflict of interest policy for the directors and employees of Travel Manitoba.
The board must meet at least four times a year.
The board is to appoint a person other than a director to be the chief executive officer of Travel Manitoba.
The chief executive officer must carry out the functions and duties that the board specifies. He or she may attend meetings of the board but is not entitled to vote.
The board or, if authorized by the board, the chief executive officer may, in accordance with the policies and procedures established under subsection (2),
(a) appoint employees necessary to carry on the activities of Travel Manitoba; and
(b) define their duties and the terms and conditions of their employment.
The board must establish policies and procedures for the purpose of clauses (1)(a) and (b).
The employees of Travel Manitoba are employees within the meaning of The Civil Service Superannuation Act.
The Minister of Finance, on the requisition of the minister, may make grants to Travel Manitoba out of money appropriated by the Legislature for that purpose.
Travel Manitoba may borrow money, but only with the approval of the Lieutenant Govenor in Council and only
(a) by way of loan from the government
(i) for temporary purposes, or
(ii) for other purposes to the extent permitted under The Financial Administration Act or a Loan Act; or
(b) for temporary purposes by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution.
Money required for a loan from the government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.
The fiscal year of Travel Manitoba is to be the period established by the minister.
At least four months before the end of each fiscal year, the board must prepare for Travel Manitoba a business plan for the next three fiscal years that is satisfactory to the minister and the board.
The business plan must include
(a) a statement of Travel Manitoba's assets and liabilities;
(b) a description of the extent to which Travel Manitoba is carrying out its last business plan;
(c) a statement of its projected revenue and expenditures for the first fiscal year of the plan; and
(d) any other information the minister requires.
The board must appoint an independent auditor to audit the records, accounts and financial transactions of Travel Manitoba for each fiscal year. The expenses of the audit are to be paid by Travel Manitoba.
Within four months after the end of each fiscal year, the board must make a report to the minister on the activities of Travel Manitoba during that fiscal year.
The report must include the audited financial statements of Travel Manitoba and any other information that the minister may request.
The minister must table a copy of the report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.
The Lieutenant Governor in Council may make regulations
(a) respecting policies, procedures and programs, including terms and conditions of programs, for assistance and services provided by Travel Manitoba;
(b) governing the dissemination of information about policies, procedures, programs, services and activities of Travel Manitoba;
(c) respecting fees or charges for services and programs provided by Travel Manitoba;
(d) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for the purposes of this Act.
The Tourism and Recreation Act, R.S.M. 1987, c. T100, is repealed.
This Act may be referred to as chapter T150 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.