as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. C20
The Cancer Treatment and Research Foundation Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Minister of Health, and such other members as are from time to time appointed members as herein provided, are hereby continued as a body corporate under the name: "The Manitoba Cancer Treatment and Research Foundation" (hereinafter called "the foundation").
The membership of the foundation consists of
(a) the Minister of Health;
(b) the chairman of the advisory medical board appointed under section 6;
(c) one person appointed by the board of the Health Sciences Centre who is not already a member of the foundation; and
(d) such other persons, being not less than seven or more than 10, appointed by the Lieutenant Governor in Council.
Unless he sooner resigns, dies, or is removed from office, each member appointed by the board of the Health Sciences Centre or by the Lieutenant Governor in Council shall, subject to subsection (2), hold office for three years from the date his appointment becomes effective and thereafter until his successor is appointed.
Where a member of the foundation appointed by the board of the Health Sciences Centre or by the Lieutenant Governor in Council ceases to be a member prior to the expiration of the term of his appointment, any person appointed to fill the vacancy, shall, unless he sooner resigns, dies, or is removed from office, hold office for the remainder of the term of office of the person in whose place he was appointed and thereafter until his successor is appointed.
A member of the foundation whose term of office has expired is eligible for re-appointment.
The Lieutenant Governor in Council may appoint one of the members to be chairman of the foundation.
The chairman shall preside at all meetings of the foundation.
Where the chairman is absent from a meeting of the foundation, the members present may elect one of those present to act as chairman of the meeting.
The chairman of the foundation, or any three members of the foundation, may call a meeting of the foundation.
There shall be an advisory medical board to advise and assist the foundation in carrying out its objects.
The foundation shall, with the approval of the Lieutenant Governor in Council, appoint the members of the advisory medical board, which shall consist of
(a) three persons selected from a panel of six nominated by the association recognized by the Minister of Health as the Manitoba Medical Association;
(b) two persons selected from a panel of four nominated by The College of Physicians and Surgeons of Manitoba;
(c) two persons selected from a panel of four nominated by The Board of Governors of The University of Manitoba; and
(d) such other persons as the foundation may deem necessary or desirable;
all of whom shall be representative of the medical profession generally, or of persons engaged in allied sciences.
Each member of the advisory medical board, unless he sooner dies, resigns, or is removed from office, shall hold office as such a member for three years from the date his appointment becomes effective.
A member of the advisory medical board whose term of office has terminated is eligible for re-appointment.
The foundation shall, subject to approval of the Lieutenant Governor in Council, annually appoint one member of the advisory medical board to be chairman thereof.
The objects of the foundation are the conduct of a program of diagnosis of, treatment of, and research in, cancer including
(a) the laboratory and clinical investigation of cancer problems;
(b) the co-ordination of facilities for treatment of cancer;
(c) the establishment and operation, or the assistance in the establishment and operation, of clinics in hospitals or institutions for examination and diagnosis or treatment or both of persons in the province afflicted, or suspected of being afflicted, with cancer or with any other disease or condition for the examination, diagnosis or treatment of which the clinics may thereafter become equipped;
(d) the adequate reporting of cases of cancer and the recording and compilation of data relating to cancer;
(e) the education of the public in the importance of early diagnosis and treatment of cancer ;
(f) the providing of facilities for undergraduate and post-graduate study relating to malignant diseases;
(g) the training of technical personnel to assist in the examination, diagnosis, treatment or study of cancer ;
(h) the adoption of such measures as may be deemed requisite for preventing or minimizing the development or spread of cancer;
(i) the correlation and co-ordination by voluntary means of the work and studies of all agencies, clinics or persons in the province that may have like objects or purposes in view or that may be carrying on similar or related work or studies;
(j) the study of radiation hazards arising from the use of X-ray generators and radio-active materials in the province, and the establishment of protective facilities in respect of those hazards.
The funds of the foundation consist of money received by it from any source including moneys granted to it for its use by the Parliament of Canada or the Legislature of Manitoba and the foundation has charge, control, and management, of its funds and property and may disburse, expend, or otherwise deal with any of its funds or property in such manner consistent with its objects as it may deem proper.
The foundation may, with the approval of the Lieutenant Governor in Council, enter into an agreement with a university, medical association, hospital, or other association, corporation, or person, for the purpose of carrying out the objects of the foundation.
The foundation may employ a director and officers, clerks, and servants and may engage the services of experts and other persons; and may pay the director, officers, clerks, servants, experts or other persons such remuneration as it deems proper out of its funds.
The accounts of the foundation shall be audited at least once a year
(a) by the Provincial Auditor; or
(b) by a person appointed by the Lieutenant Governor in Council for that purpose, in which case the costs of the audit shall be paid by the foundation.
The foundation shall make an annual report to the Minister of Health, describing the work and progress of the foundation during the preceding fiscal year of the foundation; and the report shall include the financial statement of the foundation for the preceding fiscal year, certified by the auditor, and such other matters as the Minister of Health may require.
The foundation may, with the approval of the Lieutenant Governor in Council, apply for, or acquire by purchase, assignment or otherwise, rights in any patent relating to any remedy for the prevention or cure of cancer and may sell and dispose thereof, or of any interest therein and grant or assign any rights which may be acquired by the foundation thereunder.
For the purpose of carrying out or achieving its objects the foundation may purchase or otherwise acquire, and may hold, such real property as is necessary for, or incidental to, that purpose.
For the purpose of purchasing or otherwise acquiring the real property to which reference is made in section 14, and for the purpose of constructing, altering, repairing, or maintaining a building used or to be used for the purposes and objects of the foundation, and for the purpose of purchasing fixed equipment, or for any of those purposes, the foundation may
(a) subject to the approval of the Lieutenant Governor in Council and subject to subsection (2), borrow money on the credit of the foundation; and
(b) as security for moneys so borrowed
(i) issue notes, bonds, or debentures of the foundation and sell or otherwise dispose of any such notes, bonds, or debentures for such sums, and at such prices, as may approved by the Minister of Finance; or
(ii) mortgage the real property of the foundation on terms approved by the Minister of Finance.
The amount of the principal moneys so borrowed outstanding and not repaid shall not at any time exceed $300,000.
Subject as herein specifically provided or as may be ordered by the Lieutenant Governor in Council, the Minister of Finance, in his absolute discretion, may act as agent for the foundation in respect of the borrowing of moneys secured by bonds or debentures as herein provided, the rate of interest payable thereon, and other terms upon which the moneys are borrowed, the amounts for which the bonds or debentures are issued to secure the moneys borrowed, the issue of the bonds or debentures, and the terms and conditions upon which they are issued; and for those purposes the Minister of Finance has full authority to regulate and control the issue of the bonds or debentures and dispose of them as he sees fit; and the foundation shall comply with this section and permit the Minister of Finance to act, and, if required by him, assist him to act, as in this subsection provided.
In lieu of acting as agent for the foundation, the Minister of Finance, in his absolute discretion, may require it
(a) to borrow the moneys secured by the bonds or debentures as herein provided on such terms as to interest and otherwise as he stipulates; and
(b) to issue the bonds or debentures to such amounts, and payable on such terms, as he requires and to dispose of them as he directs;
and the foundation shall comply with the stipulations, requirements, and directions of the Minister of Finance given under this subsection.
A recital or declaration, in the by-law, resolution, or minutes of the foundation authorizing the issue of the bonds or debentures to the effect that the amount borrowed and secured by the bonds or debentures issued is required for the purposes set out in subsection (1) is conclusive evidence of that fact.
The bonds and debentures the issue of which is authorized under subsection (1) shall bear the seal of the foundation, which may be impressed thereon or may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon and, together with any coupons attached thereto, shall bear the manual, engraved, lithographed, printed, or otherwise mechanically reproduced signature of the chairman of the foundation; and any such mechanically reproduced seal and signature shall, for all purposes, be valid and binding upon the foundation if the bond or ebenture bearing it, or to which the coupon bearing it is attached, is countersigned by an officer of the foundation appointed by the foundation for that purpose.
Subject as herein provided, the Lieutenant Governor in Council may, by order in council, authorize the Minister of Finance on behalf of the government to guarantee the repayment of the principal moneys payable under and secured by an issue of bonds or debentures made by the foundation, and also payment of interest when due on moneys so secured, or to guarantee payment of the interest only, which guarantee is hereinafter called "the guarantee".
Where, under this section, the government has guaranteed the repayment of moneys secured by an issue of bonds or debentures of the foundation, and payment of the interest thereon or payment of the interest thereon only, the Minister of Finance, if so authorized by the Lieutenant Governor in Council, may from and out of the Consolidated Fund pay the principal and interest or amortization charges falling due from time to time on the moneys so secured, or the interest only, as the case may be, and all other charges and expenses incidental thereto; and shall charge any of the amounts so paid to the revenue division of the Consolidated Fund.
The guarantee may be given in such form, and subject to such conditions, as the Minister of Finance determines to be appropriate and applicable thereto, and shall be signed on behalf of the government by the Minister of Finance, or by an officer or officers of The Department of Finance designated by the Lieutenant Governor in Council for that purpose; and that signature is, or those signatures are, conclusive proof for all purposes of the validity of the guarantee and that the relative provisions of this section have been complied with.
A copy of the form of guarantee shall be printed on each guaranteed bond or debenture on the security of which the moneys are borrowed; and if the bond or debenture has attached thereto coupons upon the presentation of each of which an instalment of interest, or of interest and principal, is payable, each coupon shall bear on the face thereof a statement to the effect that payment of the amount that is payable on presentation thereof is guaranteed by the Government of Manitoba.
When the form of the guarantee to which reference is made in subsection (9) has been signed as provided in that subsection, the guarantee is a valid obligation and liability of the government to every owner of the guaranteed bond or debenture to the extent of the amount secured thereby, and of interest thereon as therein stated or of the interest thereon, as the case may be, and as provided in the guarantee, in the event of any default being made by the foundation in repayment of principal moneys loaned on the security of the bond or debenture or of any part thereof, or in payment of the interest thereon when due, as the case may be.
Every amount paid from the Consolidated Fund
(a) to implement a guarantee given under this Act; or
(b) under subsection (8);
is a debt due to the government by the foundation and may be recovered by the government in any court of competent jurisdiction.
All real or personal property acquired for the purposes of the foundation and vested in the foundation is, while it is so vested, exempt from all municipal and other taxes.
From and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the requisition of the Minister of Health, may make grants to the foundation not exceeding in the aggregate in any fiscal year the amount so authorized to be paid and applied in that fiscal year.
From the Consolidated Fund, the Minister of Finance, on the requisition of the Minister of Health, may make advances to the foundation for the purpose of providing working capital to enable the foundation to make such expenditures as are required under any agreement that is in effect on, or is made after, the coming into force of this Act, between the Government of Manitoba and the Government of Canada for the furtherance of the objects of the foundation.
Any advance or part of an advance made under subsection (1) that is no longer required for the purpose mentioned in that subsection shall forthwith be repaid by the foundation to the Minister of Finance.
The aggregate amount of all advances made under subsection (1), after deducting therefrom all amounts repaid in respect thereof, shall not at any one time exceed $50,000.
Advances made under subsection (1) may be made subject to compliance by the foundation with such conditions as the Minister of Health may prescribe; and the foundation shall comply with the conditions.
The foundation may, with the approval of the Lieutenant Governor in Council, make regulations,
(a) prescribing the powers and duties of the foundation, the directors, and other officers or employees thereof; and
(b) generally for the better carrying out of the provisions of this Act and the objects of the foundation.
The fiscal year of the foundation is the period of 12 months ending on March 31 in each year.