as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. D15
The Manitoba Data Services Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"commission" means Manitoba Data Services continued under this Act; ("Commission" )
"data processing services" means all activities, procedures and methods relating to or facilitating the storing, retrieving, sorting, merging, calculating and transforming of information and data whether manually or with the assistance or by means of the use of machines; ("traitement de l'information" )
"government agency" means any board, commission or body, whether incorporated or not, all the members of which or all the members of the governing board of which
(a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, or
(b) if not so appointed are, in the discharge of their duties, public officers or servants of the Crown or, for the proper discharge of their duties, are directly or indirectly responsible to the Crown; ("organisme gouvernemental")
"government supported institution" means a municipality, the board of a school district or a school division, the resident administrator of a local government district, the owner or operator of a hospital or personal care home who or which receives revenue from the Manitoba Health Services Commission, the board of health and social services district, the board of a water district, or the board of a housing authority; and ("organisme parapublic")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")
The commission known as: "Manitoba Data Services" consisting of not fewer than three nor more than seven members appointed by the Lieutenant Governor in Council is continued as a body corporate.
The commission is an agent of Her Majesty in right of Manitoba.
All properties, rights and obligations acquired or incurred by or vested in the commission or any agreement entered into by the commission, whether in its name or in the name of Her Majesty in right of Manitoba, are properties, rights or obligations acquired or undertaken for and on behalf of Her Majesty in right of Manitoba.
Unless he sooner dies, resigns or is removed from office, each member of the commission shall hold office for a term fixed by the Lieutenant Governor in Council and thereafter until his successor is appointed or his appointment is terminated.
Each member of the commission shall be paid, from and out of the funds of the commission, remuneration as fixed by the Lieutenant Governor in Council and such expenses as he may incur in performing his duties as a member of the commission.
The Lieutenant Governor in Council shall designate one of the members of the commission to be chairman thereof and one of them to be vice-chairman thereof.
The Lieutenant Governor in Council shall appoint a suitable person to be general manager of the commission to hold office during pleasure of the Lieutenant Governor in Council.
The general manager shall devote his whole time and attention to the business and affairs of the commission and has such powers and duties as may be provided herein or by the commission.
The commission shall maintain within Manitoba such offices as the commission may determine and may, with the approval of the Lieutenant Governor in Council, maintain offices outside Manitoba.
Meetings of the commission shall be held at the call of the chairman at such place, and upon such notice, as he thinks proper.
The chairman shall call a meeting of the commission forthwith upon being requested to do so in writing by a majority of the other commissioners.
A majority of the members of the commission, including the chairman or vice-chairman, constitutes a quorum of any meeting of the commission.
The general manager is the chief executive officer of the commission and, unless otherwise provided herein,
(a) if so directed by the commission, may
(i) sign all orders or directions issued by the authority of the commission, and
(ii) together with the secretary, or such other officer of the commission as the commission may specify, execute on behalf of the commission all contracts and agreements authorized by the commission; and
(b) may act for, on behalf of, and in the name of, the commission in the execution, performance and carrying out of any act, matter or thing that is within the power of the commission subject only to such express directions and decisions as may have been given or made by resolution of the commission passed at a regularly held meeting thereof.
Such staff as may be required to conduct the work of the commission may be appointed in accordance with The Civil Service Act.
The aim and object of the commission is to provide and maintain computer and data processing services available to the government, government agencies and government supported institutions and, subject to this Act, to other persons.
The commission may enter into agreements to provide the government, government agencies or government supported institutions with computer and data processing services.
With the approval of the Lieutenant Governor in Council, the commission may enter into an agreement to provide computer and data processing services to a person other than the government, a government agency or a government supported institution.
As far as is practicable and reasonable, the prices charged by the commission for services supplied or provided by it shall be such as to return to the commission in full the cost to the commission of supplying or providing the services.
With the approval of the Lieutenant Governor in Council, the commission 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, in such amounts, not exceeding in the aggregate the sum of $500,000. of principal outstanding at any time, upon such terms, for such periods, and upon such other conditions, as the commission 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 any borrowings of the commission under this section.
The commission shall not borrow or raise money under this section, otherwise than
(a) by way of overdraft or line of credit with a bank; or
(b) by sale of its short term notes to a bank in lieu of borrowing by overdraft or line of credit;
unless it has obtained the prior approval of the Minister of Finance, who, at the request of the commission, may act as its agent in the borrowing or raising of the money.
To the extent permitted by any Act of the Legislature, the Lieutenant Governor in Council may authorize the Minister of Finance to advance moneys to the commission for its temporary purposes, out of the Consolidated Fund; and every such advance shall be repaid by the commission to the Minister of Finance at such times, and on such terms, as the Lieutenant Governor in Council may direct, together with interest thereon at such rate per annum as may be approved by the Lieutenant Governor in Council from time to time.
To the extent permitted by any Act of the Legislature the Lieutenant Governor in Council may authorize the raising by way of loan, in the manner provided by The Financial Administration Act, of such amounts as the Lieutenant Governor in Council may deem requisite for any of the purposes of the commission; and any such amounts may be advanced to, and paid over by the Minister of Finance to, the commission, and shall be repaid by it to the Minister of Finance at such times, and on such terms, as the Lieutenant Governor in Council may direct, together with interest thereon at such rate per annum as may be approved by the Lieutenant Governor in Council.
A recital or declaration, in the resolution or minutes of the commission requesting loans from the government to the effect that the amount of the loan so requested is required for the purposes of the commission is conclusive evidence of that fact.
Subject only to any directions which the Lieutenant Governor in Council may give with respect thereto, the commission may make such banking arrangements as it deems necessary for conduct of its affairs.
The commission shall establish and maintain adequate accounting records.
The fiscal year of the commission commences on April 1 in each year and ends on March 31 in the year next following.
The accounts of the commission shall, at least once in each year, be audited and reported on by an auditor, who may be the Provincial Auditor, appointed by the Lieutenant Governor in Council and the cost thereof shall be paid by the commission.
Notwithstanding subsection (1) and in addition thereto, the Lieutenant Governor in Council or the Provincial Auditor may at any time order an audit of or an investigation into the accounts or affairs of the commission and where the Lieutenant Governor in Council orders an audit or investigation, he shall designate the person, who may be the Provincial Auditor, to make the audit or investigation.
Except in the case of trust funds, all funds whether from income and revenue or advances from the government or otherwise coming into the hands of the commission form one fund from which the commission may make any and all expenditures necessary or expedient to conduct the business operations of the commission.
The commission shall apply its revenues towards payment of its operating, maintenance, and administration expenses, and of the interest and other charges on any debt incurred by it, or on any advances made to it by the Minister of Finance, and towards the establishment and maintenance of such reserves and funds as the commission may, with the approval of the Lieutenant Governor in Council establish and towards all other obligations of the commission.
The commission shall pay to the Minister of Finance, for investment for the commission, such additional moneys as are available for that purpose and as are not immediately required for the purposes and object of the commission.
Moneys paid to the Minister of Finance for investment pursuant to subsection (2) shall form part of the Consolidated Fund and together with the interest earnings thereon shall be credited to the account of the commission in the Consolidated Fund: and such earnings, either alone or with the principal sum invested for the commission by the Minister of Finance hereunder, or any part thereof, shall be deemed to be trust funds held by the Minister of Finance, and shall be paid over to the commission by the Minister of Finance on request of the corporation.
Except as specifically provided in this Act, the funds of the commission shall not be employed for the purposes of the government or any other agency of the government as that expression is defined in The Civil Service Act, and the funds of the government shall not be employed for the purposes of the commission except as advances to the commission by the government by way of loan or as a result of guarantees by the government of indebtedness of, or assumed by, the commission or liability for the repayment of which is an obligation of the commission.
Subsection (1) does not
(a) exempt the commission from paying any tax that may be payable to the government under an Act of the Legislature; or
(b) apply to moneys that may be payable by the commission in respect of any services or goods purchased by the commission from the government or any department, branch or agency of the government.
The commission may purchase any personal property which it deems necessary for the purposes of carrying out the objects of a corporation and may dispose of such personal property.
For the purposes of carrying out the objects of the commission, the commission may lease real property and, with the approval of the Lieutenant Governor in Council, may purchase real property.
Notwithstanding any other Act of the Legislature, the commission, and any land, personal property or business of the commission, is not liable to taxation or to be taxed by a municipality.
The commission, as an operating expense, shall make annually to any municipality in which land or personal property owned by the commission is situated or in which the commission carries on business such grants towards the costs of municipal and school services as the Lieutenant Governor in Council may approve.
The commission shall make a report annually to the minister upon the affairs of the commission and the minister shall submit the report to the Lieutenant Governor in Council and lay it before the assembly, if the Legislature is then in session, within 15 days of receiving it and, if the Legislature is not then in session, within 15 days after the beginning of the next ensuing session.
The making or existence of a contract between the commission and a person under which the commission is to provide computer or data processing services to the person does not
(a) disqualify the person for nomination or election as a member of the Legislative Assembly; or
(b) if the person is a member of the Legislative Assembly, disqualify him from sitting and voting in the assembly or operate to forfeit or vacate his seat in the assembly.
With the approval of the Lieutenant Governor in Council, the commission and the Manitoba Telephone System may enter into an agreement under which the commission agrees to acquire from the Manitoba Telephone System the whole or a part of the computer and data processing facilities of the Manitoba Telephone System, including such computer hardware, computer software equipment and support facilities as may be specified in the agreement.
For the purpose of facilitating an agreement between the commission and the Manitoba Telephone System under subsection (1), the government, with the approval of the Lieutenant Governor in Council, may enter into an agreement with the commission or the Manitoba Telephone System or both under which the government undertakes certain debt obligations of the Manitoba Telephone System specified in the agreement and the commission undertakes to indemnify the government on terms and conditions specified in the agreement for the amounts that the government will be liable to pay in respect of those debt obligations.
Notwithstanding subsection 12(2), as part of any agreement made with the Manitoba Telephone System, the commission may assume the rights and obligations of the Manitoba Telephone System under any agreement which the Manitoba Telephone System has with any person to provide that person with computer or data processing services or both.