as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. H39
The Heritage Manitoba 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 of directors of the foundation; ("conseil")
"donation" means any gift, testamentary disposition, deed of trust or other form of contribution; ("donation")
"foundation" means Heritage Manitoba; ("Fondation")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"property" includes real and personal propertv. ("biens")
The foundation known as "Heritage Manitoba" is hereby continued as a body corporate consisting of the members of the board and such other persons as may become members pursuant to the by-laws.
The affairs of the foundation shall be managed by a board of directors consisting of not less than three or more than 11 persons appointed by the Lieutenant Governor in Council.
The Lieutenant Governor in Council may designate one of the members of the board to be the chairman of the board of directors.
A majority of the members of the board constitutes a quorum for the board.
The board may, with the approval of the minister, make by-laws for
(a) the administration of the foundation;
(b) the appointment and qualifications and conditions of membership in the foundation;
(c) the establishment of such honorary offices as they deem desirable, and the appointment of persons thereto; and
(d) any other matter necessary for carrying out the objects of the foundation.
Such officers and employees may be appointed by the board as are deemed necessary from time to time for the proper conduct of the business of the foundation.
The Corporations Act does not apply to the foundation.
The foundation is, for all purposes of this Act, an agent of Her Majesty, and its powers under this Act may be exercised only as an agent of Her Majesty.
Property acquired by Heritage Manitoba is the property of Her Majesty and title thereto shall be held in the name of Her Majesty in right of Manitoba.
The objects of the foundation are
(a) to receive, acquire by purchase, donation or lease, and to hold, preserve, maintain, reconstruct, restore and manage property both real and personal of historical, architectural, recreational, aesthetic or scenic interest for the use, enjoyment and benefit of the people of Manitoba;
(b) to support and contribute to the acquisition, holding, preservation, maintenance, reconstruction and management of property of the kind and for the purposes mentioned in clause (a); and
(c) to conduct and arrange exhibits or other cultural or recreational activities to inform and stimulate the interest of the public in historical and architectural matters.
The foundation may
(a) hold, preserve, maintain, reconstruct, restore and manage the property of the foundation;
(b) subject to the approval of the minister,
(i) acquire property, both real and personal, whether by purchase, donation, lease, public subscription, grant, bequest or otherwise,
(ii) enter into agreements with prospective donors with respect to any conditions governing the donation and use of property,
(iii) enter into agreements with any person respecting any matter within the objects of the foundation, and pay moneys to such person pursuant to any such agreements,
(iv) engage the services of such experts and other persons as may be required by the foundation;
(c) subject to the terms of any trust affecting the property, and to the approval of the Lieutenant Governor in Council, dispose of real property acquired and administered by the foundation or any interest or estate therein by sale, lease, or other manner and execute deeds and instruments required to effect the disposal;
(d) subject to the terms of any trust affecting the property, dispose of any personal property or chattels acquired and administered by the foundation by sale, lease or other manner and execute instruments required to effect the disposal; and
(e) borrow money for the purpose of carrying out the objects of the foundation if the loan is guaranteed as provided in this Act.
Subject to subsection (3), the foundation shall pay to the minister charged with the administration of The Financial Administration Act, for investment for the foundation, such additional moneys as are not immediately required for the purposes of the foundation and are available for investment.
Where the foundation receives or accepts moneys either from a bequest or as a gift inter vivos and the testator or donor makes the bequest or the gift subject to such terms and conditions that would require the foundation to utilize those moneys in accordance with those terms and conditions, those moneys shall not be paid over in accordance with subsection (2).
The foundation shall maintain a fund, (hereinafter called the "general fund") which shall, subject to section 12, consist of moneys received by it from any source, including grants made under section 16.
The foundation may, subject to any conditions attached to moneys comprising the general fund, disburse, expend or otherwise deal with any of its general fund for the purposes of any of the objects of the foundation and to defray any expenses in connection therewith.
The foundation shall maintain a reserve fund, which shall consist of moneys received by the foundation expressly for allocation thereto.
The income from the reserve fund, or any part thereof, may be paid into and form part of the general fund.
The foundation shall not expend any of the capital of the reserve fund, except for investment under subsection 10(2) without the approval of the Lieutenant Governor in Council.
No member of the foundation shall receive any remuneration for his services, but each member may, subject to the approval of the minister, be paid out of the general fund of the foundation for his proper travelling and other reasonable expenses, incurred in the work of the foundation.
The real and personal property, business and income of the foundation are exempt from all assessment and taxation, made, imposed or levied by or under the authority of any Act of the Legislature, and no grants in lieu of taxation shall be made therefor or in respect thereto, but this section does not apply to any property of the foundation that is leased under clause 10(1)(c) or (d) to a person or organization not registered as a charitable organization under the Income Tax Act (Canada).
The accounts and financial transactions of the foundation shall be audited annually by the Provincial Auditor.
The Minister of Finance on the requisition of the minister, may make grants to the foundation subject to such terms and conditions as the minister may direct including the direction that any grant so made may be allocated to the general or reserve fund of the foundation.
Upon the recommendation of the minister and upon such terms as the Lieutenant Governor in Council may impose, the government may guarantee the payment of any loan to the foundation, or any part thereof together with interest thereon, borrowed for the purpose of carrying out the objects of the foundation.
The form and manner of the guarantee shall be such as the Lieutenant Governor in Council approves, and the guarantee shall be signed by the Minister of Finance or such other officer or officers as are designated by the Lieutenant Governor in Council, and, upon being so signed, the government is liable for the payment of the loan or part thereof and interest thereon guaranteed according to the terms of the guarantee.
The government may discharge the liability resulting from the guarantee from and out of the Consolidated Fund.
The total amount of loans guaranteed by the government under this section shall not at any time exceed such amount as may be authorized for the purpose by an Act of the Legislature.
There shall be submitted annually to the Lieutenant Governor in Council
(a) a report of the foundation upon its operations for the preceding fiscal year; and
(b) a financial statement showing the operations of the foundation for that fiscal year in such form as may be required by the Minister of Finance.
The report and statement shall be laid before the Legislative Assembly within 15 days from the commencement of the session next following the end of the year for which the report and statement are made, or within 60 days next following the end of that year, whichever period is the longer.