as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. H110
The Horticultural Society Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"association" means the Manitoba Horticultural Association; ("Fédération")
"department" means The Department of Agriculture; ("ministère")
"director" means the Director of Soils and Crops Branch of the department; ("directeur")
"minister" means the Minister of Agriculture: ("Ministre")
"officers" means the presidents, vice-presidents, directors, and secretary-treasurers of societies and of the association; ("dirigeants")
"society" means a horticultural society continued under this Act. ("association")
The objects of a society are to encourage improvement in horticulture
(a) by holding meetings and field days for discussion of, and for hearing lectures on subjects connected with, the theory and practice of improved horticulture.
(b) by holding garden shows and competitions and awarding premiums for the production of vegetables, plants, flowers, fruits, trees, shrubs, honey, canned fruit, and vegetables, and, with the approval of the director, by providing classes for home-cooking, domestic and fine arts;
(c) by the distribution of seeds, plants, bulbs, flowers, shrubs, and trees, in ways calculated to create an interest in horticulture;
(d) by promoting the circulation of horticultural periodicals;
(e) by encouraging the improvement of home and public grounds, by the planting of trees, shrubs, and flowers and by otherwise promoting outdoor art and public beauty, by co-operating with municipal authorities for the preservation of natural beauty and for the beautification of public parks, highways, streets, and boulevards and by accepting and administering grants for any of those purposes;
(f) by importing and otherwise procuring and distributing seeds, plants, shrubs, and trees, of new and valuable kinds; and
(g) by carrying on any other activities deemed necessary for the furtherance of horticulture.
All societies established and in operation on the day this Act comes into force, shall continue as such subject to this Act.
A horticultural society may be organized in the province, subject to the following provisions:
(a) an application for permission to organize a new society shall be made in writing to the director and shall be signed by not fewer than 30 persons over 18 years of age, each of whom has subscribed $1. to the funds of the society;
(b) the moneys subscribed under clause (a) shall be paid to and be held by one of the subscribers in trust for the society;
(c) the application shall be transmitted to the minister who, if he approves thereof, shall declare the subscribers thereto to be organized as a society under the name: "The (Headquarters) Horticultural Society", and shall issue a certificate of organization:
(d) the subscribers and such other persons as may thereafter become members of the society thereupon become and are a body corporate under the name stated in the certificate of organization;
(e) except as provided in clauses (f) and (g), no horticultural society shall be organized under this Act within ten miles of the headquarters of any other society so organized;
(f) a society may be organized in any city;
(g) the minister in his discretion may, after consultation with the officers of the horticultural association, permit the organization under this Act of a horticultural society, notwithstanding anything set forth in clause (e);
(h) the headquarters of a society shall be designated by a by-law or resolution passed at a meeting duly called for that purpose, and a certified copy of the by-law or resolution shall be forwarded to the director;
(i) as soon as practicable after the formation of a society a meeting of the subscribers, and of such other persons as desire to become members, shall be held at the call of the director, at such time and place, and after such public notice, as he directs: and
(j) within one week after the meeting the secretary shall send to the director a report of the meeting, certified as correct by the president and secretary, and containing a statement of the names of the members and a list of the officers elected or appointed;
The funds of a society, however derived, shall not be expended for any object inconsistent with this Act.
The funds shall be deposited from time to time to the credit of the society in a chartered bank or credit union; and all cheques shall be signed by the secretary-treasurer and president or vice-president of the society.
Any person qualified under this Act to sign an application for the formation of a society may become a member thereof at any time on payment to the secretary-treasurer of a membership fee of not less than 50¢.
Payment of the fee entitles the person paying it to the privileges of membership for the financial year for which it is paid and until the conclusion of the next following annual meeting.
Every member shall give to the secretary-treasurer a post office address to which all notices shall be sent.
Subject to the by-laws of a society, a firm or an incorporated company may become a member thereof by payment of the regular fee; but the name of one person only shall from time to time be recorded as the representative or agent of the firm or company, and that person only shall exercise the privileges of membership.
Membership fees for the succeeding year shall not be deducted from prize money won by exhibitors.
The directors of the society consist of
(a) the president of the society;
(b) the vice-president of the society; and
(c) not fewer than 10, and not more than 15, other members of the society.
The persons qualified to vote for officers, or to be elected, are only those members who have paid their membership fees as required by this Act.
At the first and subsequent annual meetings all the officers except the secretarytreasurer appointed as provided by section 12, shall be elected by ballot.
The president, vice-president, and directors elected at the first or subsequent annual meeting hold office until the next following annual meeting or until such time as their successors take office.
The board of directors may appoint a secretary-treasurer, who may be a director and who holds office during pleasure.
The secretary-treasurer shall
(a) receive all moneys paid to the society and disburse them in the manner ordered by the board of directors;
(b) keep a complete and detailed record of all moneys received and disbursed;
(c) give and take receipts for all moneys received and paid out, and keep on file all vouchers of expenditure.
(d) close and balance the books of the society at the end of the financial year, which is October 31;
(e) produce when called for by the directors, the auditor, the director, or any person appointed by the minister, all books, vouchers, papers and moneys belonging to the society, and hand them over to the directors or any person named by them on his ceasing to hold office; and
(f) prepare at the end of each financial year such statement of the finances of the society as is required to be submitted to the annual meeting.
When an officer dies or resigns or otherwise vacates his office, the board of directors shall appoint an eligible person to fill the vacancy for the unexpired term.
If at any time a society has no officers or if there is an insufficient number of officers and they do not act, the director may authorize any person to call a meeting of the society for the election of officers or for any other purpose, or may take such other action as he deems proper in the interests of the society.
Every horticultural society shall hold an annual meeting on or before December 1 in each year, at such time and place as may be decided upon by the directors.
Prior to the annual meeting the secretary-treasurer shall have the books and accounts of the society for the preceding year audited; and the auditor, who shall be appointed at the annual meeting, shall certify to the correctness thereof, or otherwise, as the case may require.
At least one week's notice of the time and place of an annual or other meeting shall be given by mail by the secretary-treasurer to each member of the society; and he shall give such additional notice as the directors may order.
Where a society fails to hold its annual meeting within the time appointed, the director may appoint a time for holding the meeting, and the meeting shall be called in accordance with section 18 by the secretary-treasurer or by a person appointed by the director for that purpose; and the meeting shall be deemed the annual meeting of the society and conducted as such in every particular.
The following shall be the order of business at the annual meeting of the society:
(a) reading of minutes of previous meeting;
(b) addresses and reports of officers;
(c) reports of committees;
(d) unfinished business;
(e) new business;
(f) addresses and discussions;
(g) election of officers; and
Meetings of the society other than the annual meeting may be called at any time by the board of directors.
Meetings of the board of directors may be held at any time on the call of the president or, in his absence, the vice-president or any three members of the board, and the secretary-treasurer shall, when instructed so to do, give by mail to every member of the board at least two days' notice in writing of any such meeting.
Fifteen members constitute a quorum at a meeting of the society, and five directors at a meeting of the directors.
The director shall direct and supervise all societies operating under this Act.
A list of the officers elected at the annual meeting and all other information required shall, on or before the tenth day of December in each year, be transmitted to the director by the secretary-treasurer upon forms provided for the purpose.
If the secretary-treasurer fails to comply with section 25, the society shall not receive any portion of any appropriation made by the Legislature to which it would be entitled if the returns had been properly submitted, unless the minister is satisfied that any delay was unavoidable or inadvertent; in which case he may authorize the grant to which the society would be entitled, after deducting the sum of $5. for each week of the delay.
Within two weeks after the receipt of the document referred to in section 25, the director shall transmit to the minister a report, in form approved by the minister, showing the amount of legislative grants earned by the society and giving such other facts regarding the work of the society as the minister requires.
Notwithstanding anything in sections 25, 26 and 27, any statement required to be presented by a society at its annual meeting may be submitted to the director at any time subsequent to the exhibition or competition to which the statement refers and previous to the end of the then current financial year.
The minister may, upon receipt of an interim report as referred to in section 28, certified by the secretary-treasurer of the society and endorsed by the director, authorize payment of the grant earned by the society with respect to the exhibition or competition.
A society may, at its annual meeting or at a special meeting called for the purpose, make, alter, and repeal by-laws and regulations for the general management of the society; and, subject to the by-laws and regulations, the board of directors may act for and on behalf of the society, and all grants and other funds of the society shall be received and expended under their direction.
The secretary-treasurer shall forthwith transmit a copy of any such by-laws and regulations to the director.
Every society may acquire and hold land as a site for fairs and exhibitions and may, subject to the approval of the society given at a meeting called for the purpose, sell, mortgage, lease, or otherwise dispose of, the land or any other property held by the society.
At least one month's notice of any such meeting shall be given by mail by the secretarytreasurer to each member of the society; and the notice shall state the object for which the meeting is called.
A society or the association may hold exhibitions at such times and places as may be decided upon by the directors at a meeting called for the purpose.
Where prizes are to be awarded, two copies of the prize list shall be sent to the director for his approval at least four weeks before the date upon which the exhibition is to be held.
Out of any moneys appropriated by the Legislature for the purpose, and subject to the conditions hereinafter set forth and to such further conditions as may be imposed by the minister, there shall be payable annually in aid of horticultural societies the following grants:
(a) To each society that is shown to have had, in the last preceding financial year, at least 30 members in good standing, a sum equal to 50% of the membership fee paid by each member to the number of 400 members, but not in any case exceeding 50¢ for each member.
(b) To each society or the association 65% of the cash prizes actually paid in connection with horticultural exhibitions and competitions.
Any grant or portion thereof may be forfeited at the pleasure of the minister, unless
(a) all prize lists and score cards are acceptable to the director; and
(b) the payment of the grant is recommended by the director.
The director shall be assisted in the general direction and supervision of societies by an advisory board composed of nine persons elected at the annual convention of the association and two persons appointed by the minister.
The advisory board may be convened at any time by the director, on the advice of the minister, for the purpose of deciding as to the needs of the various societies and suggesting the best methods of meeting their needs.
Members of the advisory board shall elect from their number a chairman, who shall preside at all meetings of the board.
The chairman of the advisory board is, ipso facto, the president of the Manitoba Horticultural Association.
The federation of societies shall be known as: "Manitoba Horticultural Association".
The officers of the association shall be elected from the members of the advisory board, as provided in section 36, with the exception of the secretary-treasurer who may or may not be a member of the advisory board.
The association shall hold an annual convention at such time and place, and after such notice to the members thereof, as may be decided by the advisory board.
The duties of the association are
(a) to unite the several societies throughout the province;
(b) to hold provincial competitions, exhibitions and conventions:
(c) to act as a clearing house for horticultural matters: to compile literature and arrange for the introduction and distribution of new and valuable seeds, plants, etc. :
(d) to decide on affiliation fees of societies, and to accept and administer them;
(e) to confer honorary memberships:
(f) to carry on any other activities deemed necessary for the furtherance of horticulture.
Annual membership in the association is for the society financial year and until the conclusion of the next annual convention.
The association may make by-laws, not inconsistent with the objects of the association, for the conduct of its business.
When it appears to the minister to be advisable that a society should be disorganized, he may order that, on and after a day to be named by him, the society shall be disorganized; and the society shall on and after that day cease to exist.
Upon the disorganization of a society the minister may appoint a liquidator to adjust and settle its assets and liabilities.
The liquidator may sell and dispose of the assets and property of the society, and shall apply the proceeds firstly, in payment of his remuneration which shall be determined by the minister, and, secondly, in payment of the liabilities of the society; and the surplus, if any, shall be paid into the Consolidated Fund.
The Lieutenant Governor in Council may make regulations for the guidance of horticultural societies, not inconsistent with this Act, respecting the manner in which their books and records are to be kept, and governing the conduct and management of horticultural educational meetings, exhibitions, and any other undertakings in which societies are authorized to engage.
No society that fails to comply with any of the regulations is entitled to participate in any appropriation in aid of horticultural societies provided by the Legislature.