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S.M. 2005, c. 55

Bill 10, 4th Session, 38th Legislature

The Convention Centre Corporation Amendment Act

(Assented to December 8, 2005)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

S.M. 1988-89, c. 39 amended

1

The Convention Centre Corporation Act is amended by this Act.

2(1)

The definition "convention centre" in section 1 is amended

(a) by striking out "the convention centre" wherever it occurs and substituting "the Winnipeg Convention Centre"; and

(b) in the English version, by striking out "St. Mary's Avenue" and substituting "St. Mary Avenue".

2(2)

Section 1 is amended by adding the following definitions:

"council" means council of The City of Winnipeg; (« conseil municipal »)

"director" means a member of the board; (« administrateur »)

3

Section 2 is amended by striking out "persons who are members of the board" and substituting "directors".

4(1)

Subsection 4(1) is amended by striking out "its members" and substituting "the directors".

4(2)

Subsection 4(2) is amended by striking out

"member as such of the corporation" and substituting "director".

5

Section 10 is repealed.

6

Section 11 is replaced with the following:

Board to manage and administer the corporation

11(1)

The board is to manage and administer the affairs of the corporation.

Composition

11(2)

The board is to consist of 15 directors appointed as follows:

(a) two members of council, appointed by council;

(b) seven persons appointed by council;

(c) four persons appointed by the board;

(d) two persons appointed by the Lieutenant Governor in Council.

Term of office

11(3)

A director other than a member of council

(a) is to hold office for a term of two years, beginning on January 1; and

(b) is eligible to hold office for a maximum of three consecutive terms or six consecutive years, whichever is less, but then is not eligible to hold office until at least two years after the end of his or her third term or sixth year.

Term of member of council

11(4)

A member of council

(a) is to hold office for a term of one year, beginning on January 1; and

(b) is eligible to hold office for a maximum of six consecutive terms, but then is not eligible to hold office until at least one year after the end of his or her sixth term.

Qualification of directors

11(5)

At the time his or her term commences, a director must be

(a) at least 18 years old; and

(b) normally resident in the City of Winnipeg.

If director dies or becomes incapable

11(6)

If a director dies or becomes incapable, the board may so advise the body that appointed him or her, and that body may terminate the director's appointment and appoint a successor to hold office for the remainder of the director's term.

Number of directors may be changed at AGM

11(7)

Despite subsection 13(2) and the other provisions of this section, the number of directors may be changed by by-law, but such a by-law may not

(a) take effect until it is approved at an annual general meeting of the corporation; or

(b) limit a serving director from continuing to hold office until his or her term expires.

7

Section 12 is amended

(a) by striking out "member of the corporation or of the board or any" and substituting "director and no"; and

(b) by striking out "members,".

8(1)

Clause 13(1)(c) is replaced with the following:

(c) the number of directors, the procedure for electing or appointing them, and their terms of office;

8(2)

Clause 13(1)(d) is amended by striking out "and of the members of the corporation".

8(3)

Subsection 13(2) is amended

(a) by striking out "annual meeting of members" and substituting "annual general meeting of the corporation"; and

(b) by striking out "general meeting of the members" and substituting "annual general meeting of the corporation".

8(4)

Subsection 13(3) is amended by striking out "members" in the section heading and wherever it occurs in the subsection and substituting "directors".

9(1)

Subsection 15(1) is amended by striking out "annual meeting of the members" and substituting "annual general meeting".

9(2)

Subsection 15(2) is amended by striking out "members of the corporation" and substituting "directors".

Transitional re existing directors

10(1)

A director who holds office on the coming into force of this Act continues to hold office until his or her term expires.

Transitional re board appointees

10(2)

No more than two directors may hold office under clause 11(2)(c) of The Convention Centre Corporation Act until fewer than three directors hold office under clause 11(2)(a) of The Convention Centre Corporation Act, as those clauses are enacted by section 6 of this Act.

Transitional re staggered terms

10(3)

Despite clause 11(3)(a) of The Convention Centre Corporation Act as enacted by section 6 of this Act, the board must shorten the term of office of one or more of the directors it appoints to one year as necessary to ensure that the terms of office of at least half of the directors it appoints expire each year.

Coming into force

11

This Act comes into force on the day it receives royal assent.