Date: June 12, 2014
RSM 1990, c. 98
The Manitoba Mental Health Research Foundation Act
WHEREAS the persons hereinafter named, by their petition, prayed that The Manitoba Mental Health Research Foundation should be enacted: Mrs. Howard Murphy of the City of Winnipeg in the Province of Manitoba, David Orlikow, Member of Parliament, of the City of Ottawa in the Province of Ontario, Donald Rodgers, physician, of the Rural Municipality of Fort Garry in the Province of Manitoba, John Zubek, professor, of the City of Winnipeg in the Province of Manitoba;
AND WHEREAS their prayer was granted, and resulted in the enactment of The Manitoba Mental Health Research Foundation Act assented to July 27, 1971;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE 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 governors of the foundation; (« conseil »)
"foundation" means The Manitoba Mental Health Research Foundation; (« Fondation »)
"minister" means the member of the Executive Council charged with the administration of The Mental Health Act. (« ministre »)
The Manitoba Mental Health Research Foundation is continued as a corporation, consisting of those persons who were members on the coming into force of this Act and such other persons as become members of the foundation in accordance with this Act and the by-laws of the foundation.
The membership of the foundation shall consist of
(a) such persons as are, from time to time, members of the board; and
(b) members of committees appointed by the board.
The aims and objects of the foundation are to promote the development of and to support mental health research in Manitoba.
The foundation has all the powers necessary to do such things as are incidental or conducive to the attainment of its aims and objects, including, without limiting the generality of the foregoing, the power to
(a) establish, conduct, manage, and operate hospitals, clinics, and centres for the purposes of conducting mental health research and of providing treatment to patients;
(b) enter into agreements with universities, medical associations, and other institutions in order to further the aims and objects of the foundation; and
(c) make grants to institutions or individuals that, by their activities may contribute to the furtherance of the aims and objects of the foundation.
The affairs of the foundation shall be governed, ordered and administered, in all things, by a board of governors.
The membership of the board shall be composed of not more than 24 persons one-third retiring each year who shall be appointed as follows:
(a) one person by the Senate of the University of Manitoba;
(b) one person by the Manitoba Medical Association;
(c) one person by the Psychological Association of Manitoba;
(d) one person by The Manitoba Institute of Registered Social Workers;
(e) one person by the Manitoba Association of Registered Nurses;
(f) one person by the Manitoba Society of Occupational Therapists;
(g) one person by the Registered Psychiatric Nurses Association of Manitoba;
(h) not more than nine persons by the board from the general community;
(i) not more than eight persons by the Lieutenant Governor in Council.
The members of the board shall elect one of their number to be chairperson of the foundation and another to be vice-chairperson of the foundation.
Subject to subsection (6), unless he or she sooner resigns or is removed from office, each member of the board shall hold office for a term of three years from the date his or her appointment becomes effective, and thereafter until his or her successor is appointed.
The members of the board shall serve without remuneration; but any member may be reimbursed from the funds of the foundation the amount of any reasonable expenses incurred by him or her in discharging his or her duties as a member of the board.
Of the members of the first board
(a) two of the members appointed under clauses 2(a) to (f), two of the members appointed under clause 2(g) and two of the members appointed under clause 2(h) shall hold office for one year from the date their appointments become effective; and
(b) two of the members appointed under clauses 2(a) to (f), two of the members appointed under clause 2(g) and two of the members appointed under clause 2(h) shall hold office for two years from the date their appointments become effective;
and, except for the appointments made under clause 2(h), the members whose terms of office are governed under clauses (a) and (b) of this subsection shall be selected by lot and the members appointed under clause 2(h) whose terms of office are governed under clauses (a) and (b) of this subsection shall be designated by the Lieutenant Governor in Council.
Five of the members of the board constitute a quorum for the transaction of business.
The chairperson shall preside at all meetings of the board at which he or she is present and in the chairperson's absence, the vice-chairperson shall preside and in the absence of both the chairperson and vice-chairperson the members present shall elect one of themselves to preside.
The foundation shall appoint a professional advisory committee, whose members shall not be members of the board.
The board may make such by-laws, rules or regulations as are deemed expedient for the administration of the affairs of the foundation.
The foundation may appoint such committees, other than the professional advisory committee, as it shall from time to time consider desirable.
The board shall, at its first regular meeting in each year, by resolution appoint a member of the board to be treasurer of the foundation; and the person so appointed shall, during his or her term of office, have custody of the funds of the foundation.
The board may employ persons required to carry out its purposes and objects, and may pay them such remuneration as it deems proper out of the funds of the foundation.
The funds of the foundation
(a) consist of money received by it from any source, including moneys granted to its use by the Government of Canada or the Government of Manitoba;
(b) may be disbursed by the foundation for the furtherance of its aims and objects in such manner not contrary to law as it deems proper.
The income of the foundation is not subject to taxation by the government.
The accounts of the foundation shall be audited annually by the Provincial Auditor or by such qualified auditor as the Lieutenant Governor in Council designates, in which case the cost of the audit shall be paid out of the funds of the foundation.
The fiscal year of the foundation shall be the 12 month period ending on March 31 in each year.
The foundation shall after the close of each fiscal year make a report upon its affairs during the preceding year to the minister and every such report shall contain a financial statement, certified by the auditor, showing all moneys received and disbursed by the foundation during the preceding year.
The minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Legislative Assembly if it is in session or, if not, at the next ensuing session.
NOTE: This Act replaces S.M. 1971, c. 108.