as enacted by SM 1988-89, c. 1 on October 19, 1988.
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R.S.M. 1988, c. T125
The Manitoba Trade and Investment Corporation 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; ("conseil")
"corporation" means The Manitoba Trading Corporation; ("Société")
"export" means the export of products, merchandise or services from Manitoba to places outside Manitoba; ("exportation")
"Manitoba services" means architectural, engineering, consulting or other services provided by persons or organizations in Manitoba; ("service manitobain")
"Manitoba products" or "Manitoba merchandise" means products or merchandise the whole or greater part of which is produced by Manitoba labour; ("produit manitobain" ou "marchandises manitobaines")
"Manitoba suppliers" means producers, manufacturers, persons or organizations in Manitoba that supply Manitoba products, merchandise or services; ("fournisseurs manitobains")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")
"The Manitoba Trading Corporation" is continued as a body corporate; and the corporation is charged with the responsibility of carrying out the objects and powers and the performing of the duties and functions under this Act.
The corporation is an agent of Her Majesty in right of Manitoba; and property acquired by the corporation shall be owned by, vested in and held by the corporation, in the name of Her Majesty in right of Manitoba.
The objects of the corporation are to encourage, develop and increase Manitoba exports and trade; and without limiting the generality of the foregoing, the corporation may
(a) perform as an export agent by selling Manitoba products and merchandise or services on behalf of Manitoba suppliers in markets outside Manitoba and charge the suppliers commissions for arranging the transactions;
(b) perform as an export merchant by purchasing products and merchandise or services from Manitoba suppliers and selling such products and merchandise or services in markets outside Manitoba;
(c) purchase products, merchandise or services in any other Canadian province to supplement Manitoba products, merchandise or services when required to obtain or retain an order or contract in a market outside Manitoba;
(d) purchase merchandise from foreign suppliers, and arrange compensation (reciprocal or counter) trade when such a transaction will enhance the opportunity to make a profitable sale of Manitoba products, merchandise or services;
(e) finance exports as specified in clauses (b), (c) and (d) by extending credit to agents, distributors and organizations, but purchase from Manitoba suppliers at their normal terms of trade;
(f) appoint agents, distributors or other organizations, for markets outside Manitoba;
(g) establish offices in or out of Canada, for the purpose of carrying out the intent of this Act;
(h) provide Manitoba's suppliers with an export service including advice on tariffs and all procedures required for the filling of export orders;
(i) organize exhibits of Manitoba products, merchandise and services at trade fairs within or outside Manitoba, bring buyers to Manitoba to see Manitoba products, merchandise or services; arrange trade and sales missions; and carry out other activities to promote exports and trade;
(j) initiate and develop original and exclusive brand names for selected Manitoba merchandise and promote, advertise and sell such merchandise under the brand name or names in markets outside Manitoba;
(k) purchase, or retain on trial, samples or demonstration products or merchandise for promotion of products and merchandise in export markets;
(l) purchase products and merchandise for consumption in Manitoba;
(m) subject to the approval of the minister, perform such other acts as will assist in achieving the objects of the corporation.
Notwithstanding any provisions of this Act, in special situations the corporation may also promote and make sales for Manitoba products, merchandise and services within Manitoba.
The board of directors shall be the corporation and the directors shall be appointed by the Lieutenant Governor in Council, one of whom shall be appointed chairman and one vice-chairman.
The corporation shall appoint a secretary.
The corporation shall meet at the call of the chairman or vice-chairman.
A majority of the members appointed under subsection (1) shall constitute a quorum of the corporation.
The minister shall appoint a general manager, who shall be an employee of the department of government administered by the minister, and who shall be responsible to the board for the management of the business affairs of the corporation.
The corporation 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 designated for the purpose, and in addition the minister may provide the corporation with professional, technical or other assistance for temporary periods or specific work.
Notwithstanding The Civil Service Act and The Civil Service Superannuation Act, and notwithstanding that officers and employees of the corporation may, under one of those Acts, be designated as within the definition of "civil service" for the purposes of that Act, the officers and employees of the corporation are not otherwise or for any other purpose members of the civil service of the Government of Manitoba.
The corporation may engage agents and fix their remuneration under contract or direct employment, to obtain orders or contracts for the corporation within or outside Manitoba.
The board shall be responsible for the operation of the corporation and must approve all contracts entered into by the corporation and all transactions over a value specified in the rules governing its procedure.
The board shall administer the affairs of the corporation in accordance with guidelines and directives approved by the minister.
Subject to subsection (4), each person appointed under subsection 5(1) unless he sooner dies, resigns, or is removed from office, shall hold office for two years from the date of his appointment, and thereafter until his successor is appointed.
Where a person ceases to be a member of the board prior to the expiration of his term of office, a person may be appointed by the Lieutenant Governor in Council to fill the vacancy so created; and unless the appointee sooner dies, resigns, or is removed from office, he shall hold office for the remainder of the term of the person in whose place he is appointed, and thereafter until his successor is appointed.
The board shall meet at least quarterly.
A member of the board 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.
Subject to the approval of the minister, the board may, adopt rules governing its procedure.
Neither the chairman or vice-chairman, nor any member of the board or any other officer or employee of the corporation, nor anyone acting under the instructions of any of them or under the authority of this Act or the regulations, is personally liable for any loss or damage suffered by any person by reason of anything in good faith done, caused, permitted, or authorized to be done, or omitted to be done, by him or them, pursuant to, or in the exercise of, or supposed exercise of, the powers given by this Act or the regulations.
The corporation may establish and charge fees, service charges, commissions and interest, to be paid a person, firm, corporation or association utilizing the services of the corporation, and may establish its own prices on products or merchandise purchased for sale.
The Lieutenant Governor in Council may authorize the Minister of Finance, from and out of the Consolidated Fund, to advance moneys to the corporation from time to time as working capital.
Advances made to the corporation under subsection (1) shall be repaid by the corporation to the Minister of Finance on such terms and conditions as the Lieutenant Governor in Council may direct.
Subject to any limitation provided in this Act or any other 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 and The Loans Act of such amounts as the Lieutenant Governor in Council may deem requisite for any of the purposes of the corporation under this Act; and any such sums shall be advanced to, and paid over by the Minister of Finance to, the corporation in such amount as the corporation may from time to time requisition, and the moneys shall be repaid by the corporation to the Minister of Finance at such times and on such terms and conditions as the Lieutenant Governor in Council may direct together with the interest thereon as provided in subsection (4).
The corporation shall pay interest upon the sums of money advanced to it in accordance with subsection (3) at rates fixed from time to time by the Lieutenant Governor in Council.
With the approval of the Lieutenant Governor in Council, the corporation 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 $5,000,000. of principal outstanding at any one time, upon such terms, for such period, and upon such other conditions, as the corporation 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 corporation under this section.
The income and revenue of the corporation whether arising from the operations of the corporation or otherwise, shall be collected by the corporation.
Notwithstanding The Financial Administration Act, all moneys and securities received by the corporation by way of revenue from operations, grant, gift, or bequest may be used by the corporation and are not public moneys within the meaning of that Act.
The funds of the corporation received under the authority of subsection (1) and subsections 10(1) and (3) shall be deposited with the Minister of Finance to be credited by him to the corporation in the trust and special division of the Consolidated Fund.
The funds of the corporation received under the authority of subsection 11(1) shall be deposited in a chartered bank, a trust company or credit union, authorized to receive deposits in Canada, or as necessary in any similar financial institution carrying on business similar to that of a chartered bank, trust company or credit union under the laws of another country.
The corporation shall use its moneys, securities and other real and personal property solely for its purposes and to achieve its objects under this Act.
The books and accounts of the corporation shall be examined, checked and audited, by the Provincial Auditor from time to time, and at least annually.
The chairman of the corporation and the board shall, within 3 months after the termination of a fiscal year, submit to the Minister a report on the operations of the corporation and the board of that fiscal year, and the Minister shall lay the report before the Legislative Assembly if it is then in session, and, if it is not, then within 15 days of the commencement of the next ensuing session thereof.
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.
Where there is any conflict between any provision of this Act and a provision of The Corporations Act, the provisions of this Act prevail.
All the lands, estates, property, real, personal or mixed, effects, rights, credits, choses in action and causes of action of every description belonging to or standing in the name of or existing in The Manitoba Export Corporation that were transferred to and vested in The Manitoba Trading Corporation on June 14, 1974 to and for the use and benefit absolutely of The Manitoba Trading Corporation, its successors and assigns continue to be so vested; and The Manitoba Trading Corporation remains liable for all of the debts, liabilities and charges of every kind and description existing against The Manitoba Export Corporation as at the date of the coming into force of this Act.