Date: June 1, 2022
C.C.S.M. c. S12
The Sanatorium Board of Manitoba 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 Sanatorium Board of Manitoba; (« Commission »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)
The Sanatorium Board of Manitoba is continued as a non-profit body corporate.
The chief objects and aims of the board are
(a) to enhance the care and treatment of residents of the province having respiratory disorders or disease and the adoption of such measures as may be required for preventing or minimizing the development and spread of respiratory diseases in Manitoba;
(b) to ensure educational and research activities for the purposes of improving respiratory disease treatment, management, prevention, and diagnosis; and
(c) with the approval of the minister, to provide or arrange for the care, accommodation, and treatment of sick, injured, or disabled persons, or to provide such other services for the purpose of extending health and treatment services in Manitoba.
With a view to attaining the aims and objects of the board and without restricting the generality of subsection (1), the board may
(a) assist in the training of persons for the study, care, and treatment of sick, injured, or disabled persons;
(b) establish such divisions, clinics, institutions, facilities, agencies, or services as are necessary or incidental to the fulfilment of those aims and objects with full authority to maintain, operate, and carry on the same;
(c) enter into agreements with the Government of Canada or with the Government of Manitoba or with organizations, and institutions, including municipalities, for the purpose of carrying out the diagnosis, treatment, mitigation, and elimination of respiratory diseases, or for the purpose of extending health and treatment services in Manitoba;
(d) take such steps as may from time to time be necessary for the solicitation and collection from the public, or from individuals, of funds for the purpose of furthering the objects of, and carrying out and exercising the duties and powers imposed upon or granted to, the board;
(e) develop further, and extend throughout the province, an educational program for respiratory disease prevention, management, treatment, and diagnosis;
(f) render consultatory and advisory services to all agencies established, or to be established, for the prevention, diagnosis, or treatment of respiratory disease;
(g) with respect to tuberculosis in Manitoba
(i) conduct or arrange for the conducting of travelling diagnostic services,
(ii) correlate and co-ordinate all agencies established in the province for the purpose of diagnosis, prevention and treatment, and for the furtherance of educational efforts with respect to tuberculosis,
(iii) set up minimum uniform standards for the care of tuberculosis patients in institutions, and plan, in co-operation with such institutions, the most effective use of facilities for that purpose,
(iv) co-operate with, and assist, the minister in carrying on the tuberculosis registry,
(v) co-operate with the appropriate department of the Government of Canada, in endeavouring to establish a satisfactory tuberculosis control program for the Indian population of Manitoba; and
(h) perform such other duties, not inconsistent with this Act, as the Lieutenant Governor in Council may order.
The board shall continue to hold and enjoy all real and personal properties, rights, and privileges, vested in the board upon the coming into force of this Act, and may acquire such further real and personal properties, rights, and privileges as it deems necessary for the carrying out of its objects and may construct buildings or other works and install machinery and other plant and facilities deemed necessary for the purposes of the board; and may sell or otherwise dispose of such properties, machinery, works, and plant, or portions thereof, as are, in the opinion of the board, no longer required for the purposes of the board.
The board may borrow from any bank, or otherwise, such sums of moneys as are required for the purposes of the board and may give promissory notes or other evidence of debt in connection therewith, and may, if deemed necessary or expedient, assign or pledge any of its revenues to secure the repayment of any money borrowed.
With the approval of the minister, the board may, from time to time
(a) issue notes, bonds, debentures, or other securities of the board;
(b) sell or otherwise dispose of the notes, bonds, debentures, or securities for such sums, and at such prices as it may deem expedient;
(c) raise money by way of loan on any such notes, bonds, debentures, or securities; and
(d) pledge or hypothecate any such notes, bonds, debentures, or securities as collateral security.
A note, bond, debenture, or other security issued by the board shall be in such form, and shall bear such rate of interest, and shall be payable as to principal and interest at such times and places, in such amounts, and in such manner, in all respects as the board may determine.
Each bond or debenture issued by the board shall bear the seal of the board but the seal may be impressed thereon or may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon.
Each bond or debenture issued by the board and each coupon attached thereto shall bear the signature of the chairman and of the secretary of the board; but the signatures may be engraved, lithographed, printed, or otherwise mechanically reproduced.
An engraved, lithographed, printed, or otherwise mechanically reproduced seal of the board or signature of the chairman or secretary of the board on a bond or debenture issued by the board or on a coupon attached thereto is valid and binds the board if the bond or debenture or the bond or debenture to which the coupon is attached is countersigned by an officer or employee of the board authorized by the board for that purpose.
The board may receive, accept, and enjoy, such grants, gifts, devises, and bequests, as are made, given, or bequeathed, to it by any person, association, corporation, or municipal or governmental authority, and whether given for the general purposes of the board or for any particular purpose; and may establish a permanent endowment fund and such other designated funds as necessary or incidental to the fulfilment of the objectives of the board.
On or before June 30 in each year on a day fixed by the board, the board shall hold a general meeting of persons entitled to attend the meeting for the purpose of electing the members of the board for the next ensuing year.
The following persons are entitled to attend and vote at the meeting
(a) the members of the then existing board and all persons who have previously been members of the board;
(b) the mayors of all cities in Manitoba;
(c) the presidents of The University of Manitoba, The University of Winnipeg and The University of Brandon or such other persons as their respective Boards of Governors may appoint to attend in their place;
(d) the president of the Manitoba Medical Association or such other person as the association may appoint to attend in his place;
(e) the president of the Association of Manitoba Municipalities or such other person as the executive of the association may appoint to attend in his or her place; and
(f) every person who has donated at least $100. to the board during the immediately preceding fiscal year of the board.
The persons present at the general meeting shall, by majority vote, elect not less than 10 or more than 20 persons to act as members of the board for the ensuing year.
Any resident of Manitoba is eligible for election to the board.
The board shall consist of
(a) the members elected under subsection (1) all of whom shall hold office until the next following general meeting of the board; and
(b) four persons appointed by the minister who shall hold office for a term of one or two years as may be fixed by the minister at the time of their appointment.
Where a vacancy occurs in the elected membership of the board due to the resignation or death of any member, the members of the board then in office may appoint a new member to fill the vacancy; and the member so appointed shall hold office until the next following general meeting.
The board shall cause a notice of the general meeting to be published, at least 14 days prior to the date of holding the meeting, in a newspaper having general circulation in Manitoba and published in the City of Winnipeg.
In addition to the publication of the notice under subsection (1), the board shall send a copy of the notice to those persons mentioned in clauses 7(2)(b), (c), (d), (e) and (f).
The board shall, from amongst its own members, appoint a chairman and a vice-chairman who shall hold office until their successors are appointed.
The chairman shall preside at all meetings of the board and at the general meeting, and the vice-chairman shall act in the absence of the chairman.
If the chairman and vice-chairman are both absent, the board shall designate one of its members to act as chairman.
At all meetings of the board eight members constitute a quorum, and all questions shall be determined by a majority vote of the members present and casting a vote.
The board shall appoint a secretary and a treasurer, both of which positions may be held by the same person.
The board may appoint
(a) such committees as it deems advisable, the members of which need not be members of the board; and
(b) a chairman for each committee so appointed.
The board may make by-laws, rules, and regulations, not inconsistent with this Act, for the governance of its proceedings and the conduct of the affairs and business of the board, with full power to amend or repeal such by-laws, rules, or regulations.
The board may admit for treatment, diagnosis, or accommodation in any of its institutions such persons as the officer in charge of any such institution deems appropriate.
Where, the government pays for the maintenance and treatment in an institution of a person who is insured under a contract of insurance whereby the person is entitled to be indemnified for the whole or part of the cost of the maintenance and treatment, the government may recover the cost, or that portion thereof for which the insured is entitled to be indemnified from the insured or any other person liable to pay it, or from the estate of the insured in such manner as is provided in The Hospitals Act for the recovery of the cost of services furnished by a hospital.
The cost of providing services that are insured services under The Health Services Insurance Act in that part of an institution that has been named, or is included in a category described, in an agreement made under that Act, for a person who is an insured person under that Act shall be paid as provided in that Act and the regulations made thereunder.
Any municipality within the province may, notwithstanding any provision of The Municipal Act or any other Act, make, gifts, or grants to the board for the purposes of the work and objects of the board.
The Minister of Finance shall in each year, from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for such purposes, pay to the board such grants in such amounts and payable at such times as may be specified by order of the Lieutenant Governor in Council.