as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. B20
The Bee-Keepers Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"annual meeting" means the annual general meeting required by section 6; ("assemblée annuelle")
"association" means The Manitoba Bee-Keepers Association; ("Association")
"department" means The Department of Agriculture; ("ministère")
"director" means the Director of the Extension Services of the department; ("directeur")
"fiscal year" means the fiscal year of the association, which shall be the calendar year; ("exercice")
"member" means a member of the association for the current membership year; ("membre")
"membership year" means the 12 month period commencing May 1 in each year and ending on April 30 in the next succeeding year; ("année de cotisation")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")
The association is, and shall continue to be, a body corporate under the name: "The Manitoba Bee-Keepers Association", for the purpose of the encouragement of bee-keeping in Manitoba, and for all purposes connected therewith or relating thereto; and the association may acquire and hold, lease, mortgage, and alienate property, real or personal, but only for the purposes of the association.
All persons who are interested in bee-keeping and who
(a) have paid to the funds of the association the annual fee for the current membership year; or
(b) are members of a local association that has paid to the association an affiliation fee for the current membership year under section 25;
are members of the association for the current membership year.
The objects of the association include:
(a) the promotion of the best methods of bee-keeping;
(b) the preparation and circulation of literature relating to bee-keeping;
(c) the promotion and regulation of exhibitions in connection with bee-keeping and the products thereof;
(d) the holding of meetings and bee-keepers' field days;
(e) providing bee-keepers with information and advice in respect of the procuring of bees and supplies and the disposal of the products of beekeeping;
(f) co-operation with other organizations, agencies, departments and persons interested in, or having to do with, bee-keeping; and
(g) such further activities as may, from time to time, appear to the association to be in the best interests of, and within the powers of, the association.
Subject to section 25, the annual membership fee is such amount, not less than $1., as is fixed by the directors.
There shall be an annual general meeting of the association held on such day, after January 1 and before April 30 in each year, as is fixed by the directors.
The annual meeting and all special meetings shall be held at the head office of the association unless the directors select some other place.
The directors may call a special meeting at any time they deem it in the interests of the association to do so; and where 20 members, by a demand in writing signed by them and deposited with the secretary-treasurer or any director, require a special meeting to be called, the directors shall call a special meeting to be held within two weeks after the demand has been deposited as herein provided.
No person who is not a member is entitled to vote at any meeting of the association.
Notice of the time and place for holding any meeting of the association shall be given by mailing, at least 10 days previous to the time therein specified for the meeting, a written notice thereof to each member addressed to him at his address as shown in the records of the association; and by such additional notice by advertisement or otherwise as the directors may require.
Where a special meeting is called for the purpose of passing, amending, or repealing, any by-law, full details of the by-law to be passed, amended, or repealed shall be given in every notice calling the meeting.
Twenty members constitute a quorum at any meeting of the association.
DIRECTORS AND OFFICERS
Election of directors shall be by ballot.
At each annual meeting the members shall elect not less than eight and not more than 12 directors, each of whom is a member.
Subject to subsections (4) and (5), the directors shall administer in all things the affairs of the association, including the expenditure of the funds of the association, and may make, or cause to be made, for the association any description of contract into which the association may, by law, enter, and, subject as aforesaid, may make by-laws not contrary to law or to any provision of this Act to regulate
(a) the election, appointment, functions, duties, and removal of all officers, agents, and servants, of the association, including the secretarytreasurer, and their remuneration, if any;
(b) the time at which, and place where, the meetings of the association shall be held, the calling of meetings, regular, annual and special, of the directors and of the association, and the procedure in all things at such meetings; and
(c) the conduct in all other particulars of the affairs of the association for which provision is not made herein;
and may from time to time repeal, amend, or re-enact, the by-laws.
Every such by-law, and every repeal, amendment, or re-enactment thereof, unless in the meantime confirmed at a special meeting of the association, has force only until the next annual meeting of the association and, in default of confirmation thereat, at and from that time ceases to have force; and , in that case, no new by-law to the same or like effect shall have any force until confirmed at an annual or special meeting.
The members, at any annual or special meeting, may repeal, amend, or re-enact any by-law.
A copy of each by-law shall forthwith after its confirmation at a meeting of the association be transmitted by the association to the director for approval by the minister.
No by-law of the association has any effect unless approved by the minister.
The directors shall meet forthwith after each annual meeting of the association, and shall meet at such other times, at such places, and on such notice, as they shall decide, and, with the approval of a majority of the directors of the association given at the meeting so called, at the call of the president on sufficient notice given to each director.
At their first meeting after each annual meeting the directors shall elect from among themselves a president, a first vice-president, and a second vice-president, and shall appoint a secretary-treasurer who may be a director.
Five directors are a quorum at meetings of the directors.
Except in the case of the resignation or removal from office of any of them, the directors shall hold office until the close of the next annual meeting after their election.
Where directors are not elected at an annual meeting, then the directors in office shall continue to be directors and act as such until their successors are elected.
Where an officer dies or resigns or is removed from office, the directors shall forthwith appoint a successor for the unexpired balance of the term of that officer.
Subject to subsection (3), the officers of the association shall continue in office until the close of the annual meeting next following their appointment.
The directors may, if authorized by by-law confirmed at an annual meeting, elect from their number an executive committee consisting of the president, the first vice-president and three other directors; and the executive committee may exercise such powers of the directors as are delegated by the by-law, subject to any restrictions contained in the by-law and to regulations imposed, from time to time, by the directors.
AUDITORS AND STATEMENTS
The association, at the annual meeting, shall appoint an auditor to hold office until the next annual meeting; and where an appointment is not made, the auditor in office shall continue in office until his successor is appointed.
Notwithstanding any other provision of this Act, the remuneration of the auditor shall be fixed by the association at the annual meeting.
The directors shall, at each annual meeting, lay before the members a financial statement, in like manner and containing like particulars, with such modifications as the circumstances require, as required of directors of companies with share capital by section 149 of The Corporations Act.
The auditor has and shall discharge, like powers and duties, with such modifications as the circumstances require, as are vested in and required of auditors of companies with share capital under Part XIII of The Corporations Act.
Where at any time the association, for any reason, has no directors or no officers, or the directors or officers are, by reason of the insufficiency of their number or for any other reason, unable or unwilling to act, if the director deems it in the interests of the association to do so, he may call, or may authorize any person to call, an annual or special meeting of the association for the election of directors or for any other purpose, on such notice, given in such manner, as the director deems reasonable; and the director may, in any such case, take such other action as he deems necessary or advisable in the interests of the association.
The association shall, on or before May 15 in each year, transmit to the director a report showing the activities of the association for the last preceding fiscal year and the duly audited financial statements of the association for that year.
LOCAL BEE-KEEPERS ASSOCIATIONS
The bee-keepers in any district or area, being 15 or more in number, may constitute themselves a local bee-keepers association under such name as they may select; and shall choose some convenient place within the district or area as the headquarters of the local association.
The headquarters of any local bee-keepers association shall be not closer than 15 miles to the headquarters of any other local bee-keepers association.
The members of any local bee-keepers association may become members of the association on payment by the local bee-keepers association to the funds of the association of an affiliation fee of such amount as is fixed by the directors for that local bee-keepers association.
At least two weeks prior to the annual meeting of the association, each local bee-keepers association shall forward to the secretarytreasurer of the association a report of the activities and a duly audited statement of the finances of the local association for the next preceding fiscal year.
The funds of the association shall be deposited from time to time in a bank, to the credit of the association; and cheques issued by the association shall be signed by the president or in his absence by the first vice-president or the second vice-president, and shall be countersigned by the secretary-treasurer or such other person as the directors may appoint for that purpose.