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This version was current from November 5, 2015 to March 9, 2021.
Note: It does not reflect any retroactive amendment enacted after March 9, 2021.
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C.C.S.M. c. H38.1
The Helen Betty Osborne Memorial Foundation Act
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(Assented to December 15, 2000)
WHEREAS Helen Betty Osborne was an aboriginal woman who left her home community of Norway House to pursue her education with the goal of becoming a teacher;
AND WHEREAS the circumstances surrounding her violent death in 1971 and the events that followed resulted in concerns about the relationship of the justice system to aboriginal people;
AND WHEREAS the Report of the Aboriginal Justice Inquiry published pursuant to An Act to Establish and Validate the Public Inquiry into the Administration of Justice and Aboriginal People concluded that events surrounding the murder of Helen Betty Osborne were marked by racism, sexism and indifference;
AND WHEREAS the fact that sixteen years passed before the justice system was able to bring those charged with the murder of Helen Betty Osborne to trial caused immense pain to the Osborne family and created concerns that the justice system failed to do everything it could in this case;
AND WHEREAS paying tribute to the life of Helen Betty Osborne is an important part of the healing process that must follow such a tragedy;
AND WHEREAS creating a foundation in her memory to assist aboriginal students would be a fitting tribute to her life;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"foundation" means The Helen Betty Osborne Memorial Foundation established in section 2; (« Fondation »)
"fund" means the fund established under section 6; (« fonds »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
For greater certainty, in this Act, "aboriginal persons" includes Indian, Inuit and Métis persons.
The Helen Betty Osborne Memorial Foundation is established as a body corporate.
The foundation is for all purposes an agent of Her Majesty in right of Manitoba.
The purposes of the foundation are
(a) to receive donations of real and personal property, including money;
(b) to provide financial assistance to aboriginal persons residing in Manitoba who are enrolled in post-secondary studies in Manitoba; and
(c) to promote the memory of Helen Betty Osborne.
The foundation has, subject to the regulations, the powers of a natural person.
Without limiting the generality of subsection (1), the foundation may
(a) engage a trust company to manage or invest some or all of the property of the foundation in any manner that the foundation directs; and
(b) refuse to accept any donation if, in the opinion of the trustees, accepting the donation is not in the interests of the foundation.
The foundation shall establish a fund for the purposes set out in section 4 and shall
(a) deposit into the fund money received from any source;
(b) hold as part of the fund any real and personal property received from any source which is not otherwise converted or sold by the foundation;
(c) manage and invest, as the trustees may determine, any money and real and personal property received by the foundation;
(d) include in the fund any income earned from the management and investment of the fund;
(e) subject to the regulations, distribute from the fund such amounts as it considers proper to provide scholarships, bursaries or grants awarded in accordance with the by-laws of the foundation to aboriginal persons residing in Manitoba who have been accepted into studies at an accredited post-secondary institution located in Manitoba;
(f) pay from the fund any administrative expenses of the foundation.
The affairs of the foundation shall be managed by a board of trustees consisting of not fewer than five and not more than seven trustees appointed by the Lieutenant Governor in Council.
Subject to subsection (3), each trustee is to be appointed for the term fixed in the order appointing the trustee, which may not exceed three years.
For the first board of trustees, the Lieutenant Governor in Council shall appoint
(a) two trustees for a term of three years;
(b) two trustees for a term of two years; and
(c) the remaining trustees for a term of one year.
Each trustee shall continue to hold office after the expiry of his or her term of office until he or she is reappointed or a successor is appointed.
If a trustee fails to attend three consecutive regular meetings of the board, the board may recommend to the minister that the appointment of the trustee be revoked.
The Lieutenant Governor in Council shall designate one trustee as the chairperson of the board.
A majority of the trustees appointed to the board constitutes a quorum for the transaction of business.
In the absence or incapacity of the chairperson, or if there is a vacancy in that office, the board may designate one trustee as the chairperson on an interim basis.
Trustees are not entitled to any remuneration but may be reimbursed, in accordance with rates established for the public service, for expenses reasonably incurred in connection with attending no more than two meetings of the foundation in each fiscal year. The costs of reimbursement shall be paid by the government.
The board may make by-laws, not inconsistent with this Act or the regulations, respecting
(a) meetings of the board;
(b) the administration of the fund;
(c) the criteria on which scholarships, bursaries and grants are to be awarded.
The board shall immediately provide the minister with a copy of any by-law made and shall make any changes to the by-law requested by the minister.
The Statutes and Regulations Act does not apply to the by-laws of the foundation.
The trustees of the foundation are not personally liable for anything done or omitted to be done, in good faith and without negligence or default, in the exercise or purported exercise of a power under this Act or the regulations.
The fiscal year of the foundation begins on April 1 and ends on March 31 of the next year.
The Auditor General shall, at least once for each fiscal year, examine and audit the books and records of the foundation and prepare and submit a report of that audit to the foundation.
The expenses of the audit shall be paid by the government.
The foundation shall, within four months after the end of each fiscal year, prepare and submit to the minister an annual report that includes its audited financial statements for that fiscal year and any other statements and reports that the minister may require.
The minister shall lay a copy of the annual report before the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the beginning of the next sitting.
Any form of words shall be sufficient to constitute a donation for the purposes of this Act as long as the donor indicates an intention to contribute to the foundation or for purposes that are similar to those of the foundation.
Except as otherwise provided in the regulations, The Corporations Act does not apply to the foundation.
The Lieutenant Governor in Council may make regulations
(a) respecting the powers and procedures of the foundation;
(b) respecting the administration of the fund;
(c) respecting the extent to which The Corporations Act applies to the foundation;
(d) respecting any matter necessary or advisable to carry out the purposes of this Act.
This Act may be referred to as chapter H38.1 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.
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