as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. I55
The Manitoba Intercultural Council Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"council" means the Manitoba Intercultural Council continued under section 2; ("Conseil")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")
The Manitoba Intercultural Council consisting of the persons from time to time appointed or elected as members thereof as hereinafter provided is continued as a body corporate.
The council shall make recommendations and provide information and advice to the Government of Manitoba through the minister on all ethnocultural matters in the province including education, human rights, immigrant settlement, media and communications, and cultural heritage, and may undertake such other ethnocultural activities as the council deems advisable.
The council shall consist of
(a) one member elected by each registered ethnocultural group;
(b) one member elected by the registered associations of ethnocultural groups in each of the Southeast, Interlake, North Central, South Central, Southwest, Parklands and North regions as those regions are defined by the Manitoba Bureau of Statistics;
(c) one member elected by registered organizations composed of and serving several ethnocultural groups; and
(d) one member appointed by the minister for each two members elected under clauses (a), (b) and (c).
The minister in consultation with the council executive shall designate from among the members of the council a presiding member and the members of the council shall elect a deputy presiding member.
The group, association or organization electing a representative under subsection 4(1) shall designate an alternate who shall act whenever the member is unable or unwilling for any reason to act.
Members of the council shall serve from the date of their election or appointment until the holding of the next following general assembly called under section 9 but no member shall serve more than two terms in succession.
The council shall meet at least twice in each year at such times and at such places in the province as may be fixed by council.
One-third of the members of the council including 1/3 of the regional representatives elected under clause 4(l)(b) constitutes a quorum for any meeting of the council.
The council shall call a general assembly of all registered groups, associations and organizations every two years for the purpose of reporting to the assembly on the council's actions and for the election of new members of council under clauses 4(1)(a), (b) and (c).
Members of the council shall receive from council funds such remuneration, allowances and reimbursement for other expenses as may be approved by the Lieutenant Governor in Council.
This Act shall be administered by the council and in the performance of the duties and exercise of the powers imposed or conferred upon the council by or pursuant to this Act the council shall be responsible to the minister.
In the performance of its duties under the Act, the council may,
(a) appoint such professional, technical and other employees as may be required and fix their salaries;
(b) acquire personal property and dispose of it;
(c) with the approval of the Lieutenant Governor in Council, acquire real property and sell, lease or otherwise dispose of it.
The day to day business of the council shall be administered by an executive secretary appointed by the Lieutenant Governor in Council following consultation by the minister with the council executive.
Where a vacancy occurs for any reason in the position of executive secretary, the Lieutenant Governor in Council shall appoint a replacement within six months of the vacancy occurring.
Where the Lieutenant Governor in Council has not appointed an executive secretary within the time set out in subsection (1), the council executive may hire an executive secretary on such terms and conditions as it deems fit.
The minister may refer to the council for consideration any question relating to the carrying out of the purposes of this Act, and the council shall consider such question and report thereon to the minister.
All moneys appropriated by the Legislature for the purposes of this Act and all other moneys received by the council by way of grant, bequest, donation or otherwise for the purposes of this Act shall be credited to a fund to be known as "The Manitoba Intercultural Fund".
The council may, subject to the provisions of this Act, make disbursements from the Manitoba Intercultural Fund for
(a) the payment of the salaries of all persons appointed by the council pursuant to this Act;
(b) the payment of all sums of money required by the council for the carrying out of its duties and the exercise of its powers under this Act, including all expenses necessarily incurred in connection therewith; and
(c) such other payments as may be authorized by this Act.
The council may accept and receive gifts, devises and bequests for the purposes of the council, and, subject to the terms of any trust imposed by the testator or donor thereof, may sell, lease, convey or otherwise dispose of and convert into money real and personal property given, devised or bequeathed for those purposes.
The council may enter into agreements with any board, council, foundation or other agency, and may accept such financial assistance as may be made available to it, directly or through the Government of Manitoba, by such board, council, foundation or other agency.
The council shall pay to the Minister of Finance, for investment for the council, such additional moneys as are available for that purpose and as are not immediately required for the purposes of the council.
Moneys paid to the Minister of Finance for investment pursuant to subsection (1) shall form part of the Consolidated Fund and together with the interest earnings thereon shall be credited to the account of the council in the Consolidated Fund; and such earnings, either alone or with the principal sum invested for the council 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 council by the Minister of Finance on request of the council.
The accounts of the council shall be audited annually by the Provincial Auditor, who shall make a report thereon to the council and to the Minister of Finance.
The council shall annually prepare and submit to the minister a report of its affairs and activities; and upon receiving the report, the minister shall submit it to the Lieutenant Governor and
(a) if the Legislature is then in session, lay the report before the assembly within 15 days; and
(b) if the Legislature is not then in session, lay the report before the assembly within 15 days of the beginning of the next ensuing session.
The council shall annually, at a time and place fixed by the minister, meet with the minister to present the report prepared pursuant to subsection (1) and to discuss other matters related thereto.
The Corporations Act does not apply to the council.