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Le Centre Culturel Franco-Manitobain Act
This is an unofficial archived version of Le Centre Culturel Franco-Manitobain Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. C45

Le Centre Culturel Franco-Manitobain Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act

"board" means the board appointed under section 2; ("commission")

"corporation" means Le Centre Culturel Franco-Manitobain; ("corporation")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")

Board established.

2(1)

There shall be a board consisting of not fewer than five persons appointed by the Lieutenant Governor in Council of whom five shall be appointed from not less than 10 persons nominated by La Societe Franco-Manitobaine.

Continuation.

2(2)

The members of the board and their successors are continued as a body corporate under the name: "Le Centre Culturel Franco-Manitobain".

Chairman and vice-chairman.

2(3)

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.

Duties of vice-chairman.

2(4)

The vice-chairman shall act as chairman at 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.

Term of office of members.

2(5)

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.

Payment of expenses.

2(6)

Subject to subsection (7), the members of the board shall receive no remuneration but may be reimbursed by the corporation for any out-of-pocket expenses incurred by them in the performance of their duties as members of the board in such amount as may be approved by the Provincial Auditor.

Authority of M.L.A. to be member of board.

2(7)

Notwithstanding The Legislative Assembly Act, a member of the Legislative Assembly may be a member of the board, but not the chairman thereof, and may accept from the corporation payment for out-of-pocket expenses as mentioned in subsection (6), 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.

Corporation agent of Crown.

3(1)

The corporation is an agent of Her Majesty in right of Manitoba.

Property held in name of Crown.

3(2)

All real property acquired by the corporation is the property of and shall be held in the name of Her Majesty in right of Manitoba or in the name of Manitoba Properties Inc.

Personal property.

3(3)

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.

Transfer of property.

3(4)

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.

Jurisdiction over property.

3(5)

The corporation has jurisdiction over all those lands owned by the Crown in right of Manitoba or Manitoba Properties Inc. within the area at the south-east corner of Avenue Provencher and Rue des Meurons, in The City of Winnipeg and all buildings and structures erected thereon or to be erected thereon and used or to be used for the purposes of the corporation as well as any other lands and buildings thereon that may be subsequently acquired by purchase, lease or otherwise for the purposes of the corporation.

Charitable organization.

4(1)

The corporation is a charitable nonprofit organization.

Members of board no proprietary interest.

4(2)

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.

Board to administer corporation.

5(1)

The affairs of the corporation shall be administered by the board.

Rules of procedure.

5(2)

Subject to the approval of the Lieutenant Governor in Council, the board may make rules governing its own procedure.

Quorum.

5(3)

A majority of the members of the board constitute a quorum at meetings of the board.

Head office.

5(4)

The head office of the corporation shall be in The City of Winnipeg.

Objects.

6

The objects of the corporation are to maintain, encourage, foster and sponsor by all means available all types of cultural activities, in the French language, and to make available Franco-Canadian culture to all residents of the province.

Fiscal year.

7

The fiscal year of the corporation shall be the period commencing on April 1 and ending on March 31 next following.

Audit by Provincial Auditor.

8(1)

The accounts of the corporation shall be audited and reported on by the Provincial Auditor, and the costs thereof shall be paid by the corporation.

Banking.

8(2)

The corporation may make such banking arrangements as the Provincial Auditor may direct, and shall keep such accounts as are satisfactory to the Provincial Auditor, but the funds of the corporation are not part of the Consolidated Fund.

Annual report

9(1)

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.

Tabling report.

9(2)

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 fifteen days of the commencement of the next ensuing session thereof.

Special reports.

9(3)

The minister may, at such times and as often as he deems necessary, 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.

Officers and employees.

10

The corporation may employ such employees as it deems necessary for the purposes of carrying out its duties and functions.

Corporation exempt from taxation.

11(1)

Notwithstanding any other Act of the Legislature, the corporation is not liable to taxation, or to be taxed, by any municipality whether for municipal purposes, school purposes, business taxes, or local improvements, and no grant in lieu of any such taxes or taxation is required to be made in respect of the corporation or the business of the corporation, by the corporation or by the government.

Lands exempt.

11(2)

Notwithstanding any other Act of the Legislature, where property over which the corporation has jurisdiction is owned by Manitoba Properties Inc. the property is not liable to taxation by any municipality whether for municipal purposes, school purposes, business taxes or local improvements and no grant in lieu of any such taxation shall be made by the corporation or the government.

Working capital.

12

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.

Authority for temporary borrowing.

13(1)

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 or other financial institution 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 corporate may determine.

Guarantee.

13(2)

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.

Construction.

14(1)

Subject to subsection (2), with the approval of the Lieutenant Governor in Council, the corporation may construct on lands acquired by or held in the name of Her Majesty in right of Manitoba for the purposes of the corporation, buildings and facilities required by the corporation to carry out its objects.

Manitoba Properties Inc. may construct

14(2)

Where property over which the corporation has jurisdiction is owned by Manitoba Properties Inc., Manitoba Properties Inc. may construct buildings and facilities that can be operated in conjunction with and as part of the corporation's activities.