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C.C.S.M. c. R118
The Research Manitoba Act
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(Assented to June 12, 2014)
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 Research Manitoba. (« conseil »)
"fund" means the Research Manitoba Fund referred to in section 12. (« Fonds »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"Société" French version only
The Manitoba Health Research Council is continued as a corporation without share capital under the name "Research Manitoba", consisting of the directors of the board appointed under section 5.
The mandate of Research Manitoba is to promote and support, and coordinate the funding of, research in the health, natural and social sciences, engineering and the humanities in Manitoba.
Subject to this Act, to carry out its mandate, Research Manitoba may
(a) financially assist research in Manitoba;
(b) publish and distribute scientific, technical and economic information relating to the work of Research Manitoba; and
(c) advise and make recommendations to the minister on matters related to research in the health, natural and social sciences, engineering and the humanities in Manitoba.
In carrying out its mandate, Research Manitoba is to operate within a framework of accountability established by the minister, who may give Research Manitoba general direction on matters that relate to its mandate.
Subject to this Act and any restrictions specified in the regulations, Research Manitoba has the capacity, rights, powers and privileges of a natural person that are necessary for carrying out its mandate.
Except as otherwise provided in the regulations, The Corporations Act does not apply to Research Manitoba.
BOARD OF DIRECTORS
The business and affairs of Research Manitoba are to be managed by a board of directors consisting of at least 9 but not more than 17 directors.
The directors are to be appointed by the Lieutenant Governor in Council on the recommendation of the minister.
In recommending directors, the minister is to consider
(a) the types and degree of research carried out by Manitoba's educational institutions;
(b) the interests of business and industry in using research outcomes to grow Manitoba's economy; and
(c) the recommendations of the board.
The chair of the board is to be appointed by the Lieutenant Governor in Council.
A vice-chair must be elected by the directors from among themselves.
The vice-chair is to act as the chair if the chair is absent or unable to act, or if the position of chair is vacant.
The chair is to be appointed for a term of not more than five years.
A director other than the chair is to be appointed for a term not exceeding three years.
When appointing a director and establishing the director's term of office, the Lieutenant Governor in Council is to have regard for the need to ensure that the terms of office of not more than half of the board members expire in any one year.
A director, including the chair, is eligible to be re-appointed, but
(a) a director may not serve more than 10 years in consecutive terms if the director serves as chair during any of the terms; and
(b) a director may not serve more than six years in consecutive terms if the director does not serve as chair during any of the terms.
After serving the number of consecutive years specified in clause (a) or (b), a person may not be re-appointed as a director until at least one year has elapsed since the person last served.
A director continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.
The board may make by-laws respecting the conduct and management of the business and affairs of Research Manitoba, including
(a) by-laws respecting the calling and conduct of board meetings;
(b) by-laws establishing committees; and
(c) by-laws establishing a code of ethics and a conflict of interest policy for directors, officers and employees of Research Manitoba.
The directors are to be paid such remuneration and expenses as the board determined by by-law.
FINANCIAL MATTERS AND ANNUAL REPORT
The fiscal year of Research Manitoba ends on March 31 of each year.
The Minister of Finance, on the requisition of the minister, may make grants to Research Manitoba out of money appropriated by the Legislature for that purpose.
The Health Research Council Fund is continued as the Research Manitoba Fund.
The board must ensure that amounts credited to the fund are held in a separate account in a financial institution, as defined in The Financial Administration Act.
Until used in accordance with Research Manitoba's mandate, the board must ensure that the following amounts are held in the fund:
(a) grants from the government made under section 11;
(b) contributions received by Research Manitoba by way of agreement, grant, gift, donation or bequest;
(c) interest or other income earned from the investment of amounts described in clauses (a) and (b).
The board must appoint an independent auditor to audit the records, accounts and financial transactions of Research Manitoba for each fiscal year.
Within six months after the end of each fiscal year, Research Manitoba must prepare an annual report on its activities and operations during that fiscal year. The report must include Research Manitoba's audited financial statements for the year.
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.
Research Manitoba must provide the minister with any financial or other information that the minister may request.
The minister may in writing appoint one or more persons to review and report on any matter connected with the conduct and management of the business and affairs of Research Manitoba, in accordance with the terms of reference established by the minister.
Research Manitoba must cooperate with the review, and provide the person or persons carrying out the review access to information and records that are reasonably required for the purpose of the review.
The Lieutenant Governor in Council may make regulations
(a) respecting the extent to which The Corporations Act applies to Research Manitoba;
(b) for the purpose of section 4, prescribing additional powers for the corporation or restricting the powers of the corporation.
On the coming into force of this Act,
(a) every employee of The Manitoba Health Research Council is continued as an employee of Research Manitoba;
(b) all property, and interests in property, of The Manitoba Health Research Council is vested in Research Manitoba and may be dealt with by Research Manitoba in its own name, subject to any trusts or other conditions applicable to the property;
(c) all other assets, liabilities, rights, agreements, duties, functions and obligations of The Manitoba Health Research Council are vested in Research Manitoba, and Research Manitoba may deal with them in its own name; and
(d) all rights of action and actions by or against The Manitoba Health Research Council may be continued or maintained by or against Research Manitoba.
Any reference to The Manitoba Health Research Council in any regulation, by-law, contract, agreement, or other document or record is deemed to be a reference to Research Manitoba.
A member of The Manitoba Health Research Council who holds office on the coming into force of this Act
(a) continues to hold office as a board member of Research Manitoba until his or her term expires; and
(b) may be re-appointed in accordance with this Act.
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
The Manitoba Health Research Council Act, R.S.M. 1987, c. H28, is repealed.
This Act may be referred to as chapter R118 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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