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as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 15
The Brandon and District United Way Incorporation Act
WHEREAS The Brandon Community Chest was incorporated by Private Act, being chapter 71 of the Statutes of Manitoba, 1944;
AND WHEREAS The Brandon Community Chest, by its petition, prayed that the persons hereinafter named be incorporated as a new corporation to take over the assets and liabilities and to take over the work of The Brandon Community Chest: John McLauchlan, Traffic Supervisor, Manitoba Telephone System, Albert Hunt, Barrister and Solicitor, Calvin Minaker, Department Manager, J. Elmer Partaker, Manager, Charles Baron, Postal Officer, Guy LaLiberte, Hotel Manager, Olgeir Thorsteinson, Chartered Accountant, Gerald Dressler, Optometrist, Margaret Purdie, Housewife, Hilda Wickett, Housewife, Robert Hamilton, Engineman, Canadian Pacific Railway, Donald Francis, Restaurant Manager, Glenn Chapman, Assistant Hospital Administrator, George Wilkinson, Manager, National Employment Service and Conrad Fitz-Gerald, Manager, all of The City of Brandon, in the Province of Manitoba;
AND WHEREAS its prayer was granted, and resulted in the enactment of An Act to incorporate The Brandon Community Chest, assented to April 27, 1966;
AND WHEREAS the name of the corporation was subsequently changed to The Brandon and District United Appeal and then to Brandon and District United Way;
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:
Brandon and District United Way (hereinafter referred to as "the United Way") 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.
Any person, association or corporation that makes a donation or contribution to the United Way and any welfare agency or community organization which receives a benefit from the funds of the United Way is eligible for membership in accordance with the by-laws of the United Way.
The United Way is hereby empowered
(a) to receive contributions in cash, cheques, bills receivable, money orders and negotiable securities of any kind for the purpose of applying same to the support of welfare agencies and community organizations in, and in the vicinity of The City of Brandon;
(b) to receive donations of property of every kind wheresoever situate, which donations may be made by transfer, deed, will, assignment or other writing and made to become effective at any future time or forthwith;
(c) to determine, subject to the provisions of this Act, the welfare agencies and community organizations which shall benefit from the funds received by the United Way and to prescribe the conditions to be fulfilled by such welfare agencies;
(d) to make appeals to the citizens of Brandon and its environs for contributions to the treasury of the United Way;
(e) to pay into the treasury of each of the approved welfare agencies or community organizations, such funds as may be allotted for that purpose by the United Way;
(f) to appoint such officers and servants of the United Way as may be necessary for the efficient carrying on of its work;
(g) to make regulations affecting the work of the United Way for the guidance of its officers and employees.
Eight members of the United Way shall constitute a quorum.
The United Way shall, at its annual meeting, elect from its membership, a board of directors of not less than 15 members in such manner as may be provided by the general by-laws of the United Way.
The board of directors of the United Way may administer in all things the affairs of the United Way and may make or cause to be made for the United Way any description of contract that it may by by-law enter into.
The board of directors may delegate any or all of its powers to any executive committee constituted in accordance with the by-laws of the United Way.
The general by-laws made by the United Way may be amended, repealed, substituted or added to only by resolution approved by a general meeting of the United Way upon such notice and such manner as the general by-laws may provide.
The board of directors may make such by-laws not inconsistent with the general by-laws as they deem necessary or advisable for the due carrying out of the objects of the United Way and may repeal, amend or re-enact them.
Unless ratified and confirmed at the next general meeting held after the making of the by-law, each by-law of the United Way ceases to have any force and effect at the end of that general meeting.
Distribution of special contributions
In distributing funds which may be entrusted to the board subject to conditions, or which may have been designated for a special purpose, the board shall be governed by such conditions and such designation; provided however that if subsequent to the death of the donor of any such funds, the object or purpose for which such funds were given or entrusted to the United Way, or any of the objects or purposes thereof should be found to be impossible or impractical to carry out, a judge of the Court of Queen's Bench may on motion brought by or on behalf of the United Way after notice to such persons as the judge may direct, make an order permitting the board to use those funds for such other purposes within the meaning of this Act as he shall consider will further the true intent of the donor and the purpose of this Act, including the right to allocate the funds to some other special purpose or to use the funds for the general charitable purposes of the United Way.
Distribution of ordinary contributions
In the absence of conditions and designations by the donor it shall be deemed that all contributions are to be used for the support of the welfare agencies approved by the United Way subject to the general rules and by-laws of the said United Way.
The United Way shall cause an audit to be made at least once in every fiscal year by an independent auditor of its receipts and disbursements and shall cause to be published in one newspaper published in The City of Brandon, reputed to have the largest circulation therein, a certified statement of such auditor showing in detail the disposition made of all funds donated to the United Way.
It shall be the duty of the United Way to give full information and permit the necessary inspection to enable such audit to be made.
The United Way has all the powers necessary to do such things as are incidental or conducive to the attainment of its objects and purposes, including, without limiting the generality of the foregoing, the power to purchase or otherwise acquire, hold and alienate property, whether real or personal.
As of April 27, 1966, 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 Brandon Community Chest were transferred to and vested in the United Way without further Act, conveyance or other deed to and for the use and benefit absolutely of the United Way, its successors and assigns for all the estate, right, title, interest, claim and demand which the United Way had on April 27, 1966 or became or may become entitled to; and the United Way may exercise all the powers, rights and privileges over for and in respect of them or any of them that the United Way has or had or could or might have exercised.
The United Way shall assume and it is liable for all of the debts, liabilities and charges of every kind and description existing against The Brandon Community Chest as at April 27, 1966.
NOTE: This Act replaces S.M. 1966, c. 93.