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S.M. 2005, c. 7
Bill 9, 3rd Session, 38th Legislature
The Manitoba Centennial Centre Corporation Act
(Assented to June 9, 2005)
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 the Manitoba Centennial Centre Corporation. (« conseil »)
"centennial centre" means
(a) the arts centre in Winnipeg established by the Manitoba Centennial Corporation as Manitoba's principal memorial to the centennial anniversaries of the Confederation of Canada and the inclusion of Manitoba as a province of Canada. It is situated on land owned by the Crown in right of Manitoba within the area in the City of Winnipeg bounded as follows:
(i) on the west by Main Street,
(ii) on the south by the lane south of Market Avenue,
(iii) on the east by the Red River,
(iv) on the north by Pacific Avenue,
and includes all of the buildings, structures, walks, gardens and open spaces within that area that pertain to the arts centre; and
(b) the land, including buildings and structures, commonly known as Artspace and located at 100 Arthur Street, 99 King Street and 240 Bannatyne Avenue in the City of Winnipeg. (« Centre du centenaire »)
"corporation" means the Manitoba Centennial Centre Corporation. (« Société »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
MANITOBA CENTENNIAL CENTRE CORPORATION
The board known as the Manitoba Centennial Centre Corporation is continued as a corporation without share capital, consisting of the members appointed by the Lieutenant Governor in Council under section 7.
The Corporations Act does not apply to the corporation.
The corporation is an agent of the Crown.
Subject to this Act, the corporation has the capacity, rights, powers and privileges of a natural person that are necessary for carrying out its mandate.
The corporation's mandate is to do the following under the minister's direction:
(a) manage the operation of the Centennial Concert Hall and its related services;
(b) maintain and develop the buildings and property within the centennial centre;
(c) provide property management services for organizations within the centennial centre, at the request of those organizations;
(d) with the minister's approval, develop and maintain buildings and property, and provide property management services, outside the centennial centre;
(e) support culture and the arts in the province for the benefit of all Manitobans;
(f) carry out any other functions assigned by the minister.
The board must direct the business and affairs of the corporation.
The board is to consist of not more than 15 members appointed by the Lieutenant Governor in Council.
Each board member is to be appointed for the term fixed in the order appointing the member.
After a board member's term expires, the member continues to hold office until reappointed or until the appointment is revoked or a successor is appointed.
The Lieutenant Governor in Council must designate one board member as chair and another as vice-chair.
The vice-chair must act as chair if the office of chair is vacant or if the chair is absent or unable to act.
Despite The Legislative Assembly Act, any member of the Assembly, other than a member of the Executive Council, may be a board member and may accept remuneration or reimbursement as a board member. The member does not thereby forfeit or vacate his or her seat or incur any other penalty for sitting and voting as a member of the Assembly.
The corporation must pay its board members the remuneration and expenses determined by the Lieutenant Governor in Council.
The board may make by-laws for the corporation's internal administration and governance and for the conduct of its business and affairs.
A majority of board members constitutes a quorum of the board.
CHIEF EXECUTIVE OFFICER AND STAFF
The board must appoint a chief executive officer of the corporation.
The chief executive officer must carry out the functions and duties that the board specifies. He or she may attend board meetings but is not entitled to vote.
The board or, if authorized by the board, the chief executive officer may appoint officers and employees necessary to carry on the corporation's activities and define their duties and the terms and conditions of their employment.
The Minister of Finance, on the requisition of the minister, may make grants to the corporation out of money appropriated by the Legislature for that purpose.
The corporation may borrow money, but only with the approval of the Lieutenant Governor in Council and only
(a) for temporary purposes, by way of loan from the government or by way of overdraft, line of credit, loan or otherwise on its credit from a bank or other financial institution; or
(b) for other purposes, to the extent permitted under The Financial Administration Act or a Loan Act.
Money required for a loan from the government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.
The corporation must deposit with the Minister of Finance, for investment on its behalf, money that is not immediately required for its purposes.
At the request of the corporation, the Minister of Finance must pay to the corporation money invested under this section and interest earned on those investments.
The board may establish a special fund, known as the Centennial Centre Fund, which is in the custody and control of the corporation on behalf of the Crown in right of Manitoba.
Notwithstanding The Financial Administration Act, money in the Centennial Centre Fund does not form part of the Consolidated Fund.
The corporation may place to the credit of the fund any money it receives for the purpose of the continued development of the centennial centre.
The corporation is to pay from the fund such amounts as the board directs to be paid for the continued development of the centennial centre.
The corporation must deposit with the Minister of Finance, for investment on its behalf, money in the fund that is not immediately required for the purposes of the fund.
At the request of the corporation, the Minister of Finance must pay to the corporation any money invested under subsection (5) and interest earned on those investments.
The fiscal year of the corporation ends on March 31 of each year.
The board must appoint an independent auditor, who may be the Auditor General, to audit the records, accounts and transactions of the corporation in each fiscal year. The expenses of the audit are to be paid by the corporation.
Within four months after the end of each fiscal year, the board must make a report to the minister on the activities of the corporation during that fiscal year.
The report must include audited financial statements and any other information that the minister may request.
The minister must table a copy of the report in the Legislative 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.
In addition to the annual report, the minister may request the corporation to provide a report or information relating to any of the corporation's operations, and the corporation must comply with the request.
PROVISIONS RELATING TO PROPERTY
All real property held or acquired by the corporation must be held in the name of Her Majesty in right of Manitoba.
Except with the approval of the Lieutenant Governor in Council, the corporation may not construct buildings or other facilities on land acquired by or held in the name of Her Majesty for the purposes of the corporation.
Neither the corporation nor the government is required to make a grant in lieu of taxes for municipal or other purposes in respect of the corporation, an occupier of the centennial centre, or the business of the corporation or the centennial centre.
The Lieutenant Governor in Council may, by order, direct the corporation to turn over the management and operation of any part of the centennial centre to the government or any other person or entity, and the corporation must comply with the order.
No action or proceeding may be brought against a member of the board or an officer or employee of the corporation for anything done, or not done, or for any neglect,
(a) in the performance or intended performance of a duty under this Act; or
(b) in the exercise or intended exercise of a power under this Act;
unless the person was acting in bad faith.
This Act may be referred to as chapter C40 of the Continuing Consolidation of the Statutes of Manitoba.
The Centennial Centre Corporation Act, R.S.M. 1987, c. C40, is repealed.
This Act comes into force on the day it receives royal assent.