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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. R110
The Research Council Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"chairman" means the chairman of the council; ("président")
"council" means The Manitoba Research Council continued under this Act; ("Conseil")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"vice-chairman" means the vice-chairman of the council. ("vice-président")
The Manitoba Research Council is continued as a body corporate consisting of the persons who are from time to time members of the council.
The objects of the council are
(a) to promote and carry on or cause to be promoted or carried on research and scientific enquiries respecting agriculture, natural resources, industry or other segments of the economy of the province; and
(b) to help to secure for Manitoba the benefits of research and scientific enquiries carried on elsewhere.
Without limiting the generality of section 3, the council may
(a) advise the minister respecting research and scientific activity concerning the economy of Manitoba; and the methods of achieving integration and co-ordination of research and scientific activity in the province and increasing co-operation in research efforts between public and private, provincial and extra-provincial agencies;
(b) propose or undertake research with the object of improving the technical processes and procedures used in the industries of Manitoba and of discovering processes and methods which may promote the expansion of existing, or the development of new industries and fuller utilization of the waste products of industries;
(c) have charge of, and direction or supervision over, research which may be undertaken, under conditions to be determined in each case, by or for single industrial firms or by such organizations or persons as may desire to avail themselves of the facilities offered for this purpose;
(d) disseminate the results of research, directly through its own activities and indirectly through co-operation with appropriate governmental and non-governmental organizations, and to further this purpose
(i) publish from time to time, such scientific and technical information as the council may deem necessary; and
(ii) provide technical information services for the use of manufacturing and processing firms in Manitoba;
(e) apply for or acquire by purchase, assignment or otherwise, any invention or patent of invention for industrial, or other processes of any nature or kind whatsoever, or any rights therein, and to sell, grant, assign, or otherwise dispose of the same or any interest therein; and
(f) build, equip, and staff laboratories and libraries for the efficient carrying out of its objects and powers.
The council shall consist of not more than 15 members appointed from time to time by the Lieutenant Governor in Council, one of whom shall be appointed chairman, and another appointed vice-chairman, for terms not exceeding three years.
Each member of the council, unless he sooner dies, resigns, or is removed from office, shall hold office for a term not exceeding three years from the date of his appointment and thereafter until his successor is appointed.
Where a member of the council ceases to be a member prior to the expiration of the term of office for which he was appointed, any person appointed to fill the vacancy so created, unless he sooner dies, resigns, or is removed from office, shall hold office for the remainder of the term of office of the person in whose place he is appointed, and thereafter until his successor is appointed.
A member of the council whose term of office has expired is eligible for re-appointment.
The council is an agent of Her Majesty in right of the province; and property acquired by the council shall be owned by, vested in, and held by the council, in the name of Her Majesty in right of the province.
Acquisition and disposal of property.
For the purpose of carrying out its objects under this Act, the council may
(a) acquire and hold money, securities, and real or other property ;
(b) receive gifts, grants, or bequests of money, securities or real or other property;
(c) raise money by selling, mortgaging, or otherwise disposing of its property, rendering services, charging fees or levying royalties.
Notwithstanding the provision of The Financial Administration Act, the council may use any property or assets acquired under subsection (2) for the purposes of this Act, but if at any time the Lieutenant Governor in Council is satisfied that the council has on hand a cash surplus which is not required for the purposes of the council, the Lieutenant Governor in Council may order that the cash surplus or part thereof, be paid into such division of the Consolidated Fund as he considers advisable.
The council shall meet at the call of the chairman, or in his absence, the vice-chairman, and, subject to the approval of the Lieutenant Governor in Council, may adopt rules governing its own procedure.
A member of the council may be paid and he may accept payment for, any reasonable travelling and other out-of-pocket expenses incurred by him, in discharging his duties; and a member may be paid, and he may accept, such honorarium as the Lieutenant Governor in Council may determine.
Technical advisory and other committees.
The council may appoint such advisory committees whose members may be chosen from outside the members of the council as it considers advisable, and it may fix the rules governing their procedures.
Payment of expenses but not remuneration.
Each member of a committee established under subsection (1) may be reimbursed for any reasonable travelling and other out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the committee; but no member of such a committee shall receive any salary, fee, or other remuneration or emolument for his services as a member of the committee.
Where a discovery or invention respecting, or an improvement in, any process, apparatus, or machine is made by a person employed by, or working under the direction of the council, the full right of ownership and control thereof is vested in the council; and the council may apply for a patent in respect thereof under the Patent Act (Canada) and, if such a patent is granted, the full right of ownership and control thereof is vested in the council.
Subject to the approval of the Lieutenant Governor in Council, the council may grant or sell any such discovery, invention, improvement or patent, or grant a licence or permit for the use thereof, to any person or to all persons, under such conditions and on payment of such fees or royalties as the council may fix, or without conditions, fees and royalties, or any of them, as the council may determine.
The council may pay to a person to whom subsection (1) applies, a bonus or a royalty of such amount as, in its absolute discretion, the council deems reasonable.
Moneys required to be expended for the purposes and objects of the council under this Act shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature, to be paid and applied for such purposes.
The council may establish and charge fees and service charges, to be paid by a person, firm, corporation or association utilizing the services of the council.
The council may accept from any person any gift, grant, or bequest of moneys, securities, or real or personal property of any kind.
Notwithstanding The Financial Administration Act all moneys and securities received by the council by way of grant, gift, or bequest, or from the sale or leasing of its property, or from fees or royalties, or otherwise howsoever are, subject to subsection 6(2), the property of the council and are not public moneys within the meaning of that Act.
Subject to subsection 6(3), the council shall use its moneys, securities, and other real and personal property solely for its purposes and to achieve the objectives under this Act.
The funds of the council shall be deposited with the Minister of Finance to be credited by him to the council in the trust and special division of the Consolidated Fund.
The books and accounts of the council shall be examined, checked and audited, by the Provincial Auditor from time to time and at least annually.
The council may utilize the services of such officers and employees of the department of government administered by the minister as the minister may designate, or of any other department or agency of the Government of Manitoba as the Lieutenant Governor in Council may designate for the purpose; and in addition the minister may provide the council with professional, technical, or other assistance for temporary periods or for specific work.
The chairman of the council shall, within three months after the termination of each fiscal year submit to the minister a report on the operations of the council for that fiscal year; and the minister shall lay the report before the Legislative Assembly forthwith if it is then in session, and, if it is not, then within 15 days of the beginning of the next succeeding session.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under and in accordance with the authority granted by this section, has the force of law.