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It has been in effect since November 19, 1996.
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R.S.M. 1990, c. 122
The Native Addictions Council of Manitoba Incorporation Act
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WHEREAS certain persons, some of whom are hereinafter named, held a meeting in The City of Winnipeg during the month of November, 1971 and agreed that it would be in the best interest of the native people of Manitoba to incorporate a company for the purposes hereinafter set forth: Fern Courchene, Program Director, Winnipeg Native Club; Percy Bird, Indian, and Earl Duncan, Counsellor of the Alcoholism Foundation of Manitoba;
AND WHEREAS such a company was incorporated by an Act to incorporate The Native Alcoholism Council of Manitoba, assented to July 20, 1972;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Native Addictions Council of Manitoba (hereinafter referred to as the "Council") is continued as a corporation consisting of those persons who are members on the coming into force of this Act together with such other persons as may become members.
The head office of the Council shall be at such place in Manitoba as may be determined from time to time by its board.
The purposes of the Council are to provide for, or assist in or arrange for the provision of
(a) adequate counselling to the Native addict;
(b) educational material in Native schools;
(c) dissemination of information respecting the recognition, prevention and treatment of the Native addict;
(d) a province-wide addiction program to endeavour to control and prevent all types of addiction in Indian and Métis communities.
The Council has all the powers necessary to do such things as are incidental or conducive to the achievement of its purposes, including, without limiting the generality of the foregoing, the power to
(a) receive and accept gifts, donations, devises, bequests, grants and transfers of property of every kind and description, whether real or personal and wheresoever situate;
(b) acquire, purchase, own, hold, control, receive income from, develop, manage, administer and subject to any terms, provisions or conditions attached to any gift, donation, devise or bequest or to any property, by the donor thereof, sell, assign, transfer, exchange, lease, let, give, distribute, turn to account or in any other manner dispose of or deal with property of every kind and description, whether real or personal and wheresoever situate;
(c) observe, carry out, perform and give effect to all terms, provisions and conditions which in any case may be attached by the donor to any gift, donation, devise or bequest of any property, and expressed in the instrument creating such gift, donation, devise, bequest or trust.
The affairs of the Council shall be governed, ordered and administered, in all things, by a board of directors, the number of whom, subject to subsection (2), and the method of whose election shall be governed by the by-laws of the Council.
The board shall be composed of not more than nine persons, all of whom shall be elected by the members at large.
The members of the board shall elect one of their number to be chairperson of the board and another to be vice-chairperson of the board.
Unless he or she sooner resigns or is removed from office, each member of the board shall hold office for a term of three years from the date of election or appointment and thereafter until a successor is elected, or appointed, as the case may be.
The members of the board shall serve without remuneration, but any member may be reimbursed from funds of the Council the amount of any reasonable expense incurred by the member in discharging duties as a member of the board.
A majority of the members of the board constitutes a quorum of the board.
The chairperson shall preside at all meetings of the board at which he or she is present and in the absence of the chairperson, the vice-chairperson shall preside, and in the absence of both of them, the members present shall elect one of their members to act as chairperson.
The Council may appoint a professional advisory committee whose members shall not be members of the board.
The board may make such by-laws, or rules or regulations as are deemed expedient for the administration of the affairs of the Council.
The Council may appoint such committees, other than the professional advisory committee, as it may from time to time consider desirable.
The board shall, by resolution appoint a member of the board to be treasurer of the Council, and the person so appointed shall, during his or her term of office, have custody of the funds of the Council.
The board may employ such other persons as may be required to carry out its purposes and objectives, and may pay them such remuneration as it deems proper out of the funds of the Council.
The funds of the Council consist of money received by it from any source and may be disbursed by the board for the furtherance of the purposes of the Council in such manner not contrary to law, as it deems proper.
The fiscal year of the Council shall be the 12 month period ending on March 31 in each year.
The Council shall after the close of each fiscal year prepare a report upon its affairs during the preceding year and every such report shall contain a financial statement, certified by an auditor, showing all money received and disbursed by the Council during the preceding year.
NOTE: This Act replaces S.M. 1972, c. 98.