as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. C40
The Centennial Centre Corporation Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"board" means the board appointed under section 2; ("Conseil")
"centennial centre" means the permanent arts Centre for Manitoba established by The Manitoba Centennial Corporation in The City of Winnipeg as the principal memorial in the province to the centennial anniversaries of the Confederation of Canada and the inclusion of Manitoba as a province of Canada, and more particularly situated on land owned by the Crown in right of Manitoba or Manitoba Properties Inc. within the area bounded on the west by Main Street, on the south by the lane south of Market Avenue, on the east by the Red River, and on the north by Pacific Avenue, all in The City of Winnipeg, and used or held for the purposes of the permanent arts centre, and includes all buildings, structures, walks, gardens and open spaces situated thereon and pertaining to the permanent arts centre; ("Centre du centenaire")
"corporation" means The Manitoba Centennial Centre Corporation; ("Société")
"fund" means The Centennial Centre Fund: ("Fonds")
"minister" means the member of the Executive Council charged with the administration of this Act by the Lieutenant Governor in Council. ("ministre")
The board known as "The Manitoba Centennial Centre Corporation", consisting of not fewer than five persons appointed by the Lieutenant Governor in Council, is continued as a body corporate.
The Lieutenant Governor in Council shall appoint one of the members of the board as chairman of the board and another member as vice-chairman of the board.
The vice-chairman shall act as chairman on the request of the chairman or of the minister, or during any illness or absence of the chairman, or during any period when the chairman is unable for any reason to discharge his duties.
The members of the board shall hold office for such term as may be fixed by the Lieutenant Governor in Council; and unless his appointment is sooner revoked, or he sooner resigns or dies, a member shall hold office during the term fixed by the Lieutenant Governor in Council and thereafter until his successor is appointed.
The members of the board may be reimbursed for any out-of-pocket expenses incurred by them in the performance of their duties as members of the board in such amounts as may be approved by the Provincial Auditor; but no remuneration, other than as herein provided, shall be paid to members of the board other than the chairman whose salary may be fixed by the corporation with the approval of the Lieutenant Governor in Council and paid by the corporation.
Notwithstanding The Legislative Assembly Act, a member of the Legislative Assembly may be a member of the board, and may accept from the corporation reimbursement for such expenses as are provided for herein, and does not thereby vacate or forfeit his seat, or incur any of the penalties imposed under The Legislative Assembly Act for sitting and voting as a member of the Legislative Assembly.
The corporation is an agent of Her Majesty in right of Manitoba.
All real property acquired by the corporation shall be held in the name of Her Majesty in right of Manitoba or in the name of Manitoba Properties Inc.
Personal property acquired by the corporation may be held in the name of the corporation but it is the property of Her Majesty in right of Manitoba.
The corporation shall not transfer, convey, mortgage, or otherwise dispose of real property acquired by the corporation, and held in the name of Her Majesty in right of Manitoba, except with the written approval of the minister; but the corporation may transfer, convey, mortgage, or otherwise dispose of personal property acquired by the corporation without such approval.
Notwithstanding any provision of An Act to incorporate The Manitoba Centennial Corporation, being chapter 9 of the Statutes of Manitoba, 1963, as amended by section 11 of chapter 59 of the Statutes of Manitoba, 1966, the corporation may, with the written approval of the minister, transfer, convey, mortgage, or otherwise dispose of any real property of which The Manitoba Centennial Corporation created and constituted by the said Act is the registered owner, and the proceeds of any such transfer, conveyance, mortgage or other disposition shall form part of the funds of the corporation to be utilized for the purposes of this Act.
The corporation is a charitable non-profit organization.
Except for the payment of expenses or remuneration as provided herein, no member of the board shall receive, or is entitled to, a share of the revenues or assets of the corporation.
The affairs of the corporation shall be administered by the board.
Subject to the approval of the Lieutenant Governor in Council, the board may make rules governing its own procedure.
A majority of the members of the board constitute a quorum at meetings of the board.
The head office of the corporation shall be in The City of Winnipeg.
The corporation has such duties, functions and powers as may be imposed on or granted to it under this Act or any other Act of the Legislature.
The fiscal year of the corporation is the period commencing on of April 1 and ending on March 31 next following.
The accounts of the corporation shall be audited and reported on by the Provincial Auditor, and the costs thereof shall be paid by the board.
The corporation may make such banking arrangements as the Minister of Finance may direct, and shall keep such accounts as are satisfactory to the Minister of Finance, but the funds of the corporation are not part of the Consolidated Fund.
The corporation shall annually, within four months after the end of each fiscal year, make a report to the minister upon all transactions of the corporation during that fiscal year; and the report shall include an audited balance sheet of the corporation and an audited statement of its revenues and expenditures together with such other information as the Lieutenant Governor in Council may require.
The minister shall lay a copy of the report of the corporation before the Legislative Assembly forthwith, if it is then in session, and if not, then within 15 days of the commencement of the next ensuing session thereof.
The minister may require the corporation to furnish to him, in addition to the reports made under subsection (1), reports or information respecting all or any part of the business and operation of the corporation, and the corporation shall comply with such requirement.
The corporation may appoint and employ such officers and employees as it deems necessary for the purposes of carrying out its duties and functions.
Where the corporation deems it advisable, it may, with the approval of the Lieutenant Governor in Council, request the Civil Service Commission to appoint and employ officers and employees of the corporation, or such of them as the corporation may designate, as provided in The Civil Service Act; and thereupon such officers and employees may be appointed or employed as provided in The Civil Service Act and are under the control and supervision of the corporation which is the employing authority under The Civil Service Act.
Notwithstanding any other Act of the Legislature, the corporation and any lawful occupier of the centennial centre or any part thereof, and the centennial centre are not liable to taxation, or to be taxed, except in the case of an occupier for any business tax, by any municipality whether for municipal, school, hospital, local improvement or other purposes and no grant in lieu of any such taxes or taxation is required to be made in respect of the corporation, or any lawful occupier of the centennial centre or any part thereof, or the business of the corporation, or the centennial centre by the corporation or by the government.
The corporation shall manage and operate the centennial centre as a self-supporting business.
The Lieutenant Governor in Council may direct that the corporation turn over the management and operation of any part of the centennial centre to the government, any agency of the government, or any person or organization which the Lieutenant Governor in Council considers fit; and the corporation shall comply with the direction.
Subject as in this Act provided, for the purpose of facilitating the use of the centennial centre, the corporation may enter into such agreements and arrangements with respect to the use and occupation of the centennial centre, or any part thereof, or any of the facilities thereof, or any services available therein, as it deems advisable.
Without limiting the generality of subsection (1), the corporation and The City of Winnipeg may enter into agreements under which The City of Winnipeg undertakes to perform services in respect of the centennial centre similar to the services it provides for buildings owned by The City of Winnipeg.
Unless it obtains the prior approval of the Lieutenant Governor in Council, the corporation shall not
(a) lease any part of the centennial centre, or any of the facilities thereof, or any services available therein, for a period of more than one year; or
(b) grant a licence to use any of the facilities of the centennial centre, or any services available therein, for a period of more than one year.
The corporation shall not sponsor, promote, or accept responsibility in any way for, any performance, concert, or play in the centennial centre or elsewhere.
With the approval of the Lieutenant Governor in Council, the Minister of Finance may advance to the corporation from and out of the Consolidated Fund sums not exceeding, in aggregate, $100,000. as working capital.
With the approval of the Lieutenant Governor in Council, the corporation may, from time to time, borrow or raise money for temporary purposes by way of overdraft, line of credit, or loan, or otherwise upon the credit of the corporation, from a chartered bank, in such amounts not exceeding in the aggregate the sum of $100,000. of principal outstanding at any one time, upon such terms, for such periods, and upon such other conditions, as the corporation may determine.
The government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal and interest on the borrowings of the corporation under this section.
With the approval of the Lieutenant Governor in Council, the corporation may continue the development of the centennial centre either within or without the boundaries set out in the definition, "centennial centre" in section 1.
Subject to subsection (3) and the approval of the Lieutenant Governor in Council, the corporation may construct on the centennial centre, or on any property acquired by the government for that purpose, buildings and facilities that can be operated in conjunction with, and as part of, the centennial centre.
Where property referred to herein is owned by Manitoba Properties Inc., it may construct buildings and facilities that can be operated in conjunction with and as part of the centennial centre.
There shall be established, separate from the general funds of the corporation, a special fund which shall be known as: "The Centennial Centre Fund", which shall be in the custody and control of the corporation on behalf of Her Majesty in right of Manitoba.
The corporation shall place to the credit of the fund all moneys received by it for the purposes of continued development of the centennial centre.
The corporation shall pay from the fund all amounts required to be paid by the corporation for the construction of buildings or facilities that can be operated in conjunction with, and as part of, the centennial centre.
Subject to subsection (5), the corporation shall deposit the moneys in the fund in a bank.
If at any time the balance at the credit of the fund is in excess of the amount that is required for the immediate purposes of the fund, the corporation shall pay over the excess to the Minister of Finance for investment for and on behalf of the corporation.
Notwithstanding The Financial Administration Act, or any other Act of the Legislature, but subject to subsections (5) and (7), the moneys in the fund do not form part of the Consolidated Fund, and the fund is not a division or part of the Consolidated Fund; but the moneys therein are the property of Her Majesty in right of Manitoba.
Moneys paid to the Minister of Finance for investment under subsection (5) form part of the trust and special division of the Consolidated Fund; and the Minister of Finance shall invest the moneys in investments so held by him in securities and investments in which he is authorized by law to invest such moneys, and the interest thereon and income therefrom shall be credited to the account of the corporation in the trust and special division of the Consolidated Fund; and such earnings, either alone or with all or part of the principal sums invested for the corporation by the Minister of Finance hereunder, shall be paid over to the corporation by the Minister of Finance on request of the corporation.