|This is an unofficial archived version of The Eden Mental Health Centre Incorporation Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 48
The Eden Mental Health Centre Incorporation Act
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WHEREAS there existed an unincorporated charitable institution (hereinafter referred to as "the institution") known as Eden Mental Health Centre, in Manitoba, the object of which was to render services as a rehabilitation institute that rendered medical and psychiatric care for persons who were mentally ill;
AND WHEREAS the persons hereinafter named, by their petition, prayed that the Eden Mental Health Centre should be incorporated: Jacob K, Klassen, Clergyman, Jacob Rempel, Farmer, David F. Wiebe, Teacher, all of The Town of Gretna; Henry William Redekopp, Executive, Jacob J. Wall, Executive Secretary, Henry Guenther, Physician, Bernard Braun, Salesman, all of The City of Winnipeg; Peter W. Enns, Merchant, Jacob M. Froese, Farmer, both of The Town of Winkler, Klaas Reimer Barkman, Gentleman, Jacob I. Warkentin, Carpenter, both of The Town of Steinbach, Gerhard G.H. Ens, of the Postal District of Rhineland, Farmer, Bernard Loewen Kroeker, of The Town of Morris, Farmer, Gerhard G. Neufeld, of The Town of Boissevain, Clergyman, George S. Fast, of the Postal District of Kleefeld, Farmer, Cornelius P. Unger, of the Postal District of Giroux, Farmer, Jacob J. Riediger, of The Town of Morden, Executive, all in the Province of Manitoba;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate Eden Mental Health Centre, assented to April 16, 1964;
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:
Eden Mental Health Centre (hereinafter referred to as "the corporation") 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 corporation.
The Director of Psychistric Services shall be a permanent member of the board of directors of the corporation; but a majority of the remaining members of the permanent board of directors shall be approved by the Minister of Health.
The objects of the corporation are
(a) to provide and maintain accommodation, psychiatric care, and treatment for persons with mental diseases and disorders of the mind and character;
(b) to provide rehabilitation services and facilities and medical care for those persons who are, or have been mentally ill, and in connection therewith to provide and maintain all the services of a public hospital, including in-patient and out-patient care;
(c) to provide and maintain services and facilities for the prevention of mental illness;
(d) to provide and render works of charity, science, and education; and
(e) to acquire, purchase, take over, maintain, operate, amalgamate, and expand the institution.
The corporation may do all acts and things necessary to carry out its objects and, without limiting the generality of the foregoing, the corporation may,
(a) subject to the approval of the Minister of Health, fix the fees and rates charged by the corporation for the nursing of, attendance upon, supply of hospital and psychiatric care to patients and for rendering other services;
(b) hire, pay, and discharge its employees;
(c) borrow money;
(d) sell, improve, manage, develop, exchange, lease, dispose of, turn to account, or otherwise deal with, all or any part of its property and rights;
(e) purchase, take, have, hold, receive, possess, retain and enjoy property real and personal, corporeal and incorporeal and any or every estate or interest whatsoever, given, granted, devised, or bequeathed to it or appropriated, purchased, or acquired by it in any manner or way whatsoever, to, for, or in favour of the uses or purposes of the corporation or to, for, or in favour of any psychiatric, medical, educational, eleemosynary, or other institution established or intended to be established or assisted by or under the management of, or in connection with the uses or purposes of the corporation;
(f) charge, hypothecate, mortgage, or pledge any and all of its real and personal property rights and undertakings;
(g) draw, make, accept, endorse, execute, and issue, promissory notes, bills of exchange, bills of lading, warrants, and other negotiable or transferable instruments;
(h) utilize surpluses as the board of directors may decide, including the improvement of the facilities and services of the corporation and the training of its personnel;
(i) establish such reserves as the board of directors may decide and invest them or other funds in such securities and in such manner as it may think fit, and vary or realize any such investments;
(j) receive and accept such grants, devises, gifts, and bequests as are made by or received from the Governmnet of Canada or the Government of Manitoba, or any municipality or other corporation or person, as the case may be, for the use and purposes of the corporation;
(k) comply with any terms stipulated by the grantors of grants, devises, gifts, and bequests made from time to time to the corporation;
(l) hold such real property or estate therein as is bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts or judgments recovered;
(m) subject always to the terms of any trust or agreement relating thereto, sell, convey, exchange, alienate, mortgage, lease, or demise any real property held by the corporation, whether by way of investment for the uses of the corporation or not; and may also from time to time invest all or any of its funds or moneys and all or any funds or moneys invested in or acquired by it for the uses and purposes aforesaid, in and upon any security by way of mortgage, hypothec, or charge upon real property; and for the purposes of such investment may take, receive, and accept mortgages or assignments thereof whether made and executed directly to the corporation or to any corporation, body, company, or person in trust for it; and may sell, grant, assign, and transfer such mortgages or assignments either in the whole or in part;
(n) issue bonds, debentures, or other securities;
(o) pledge or sell such bonds, debentures, or other securities for such sums and at any such prices as may be deemed expedient;
(p) acquire by gift or purchase, have, hold, receive, possess, retain and enjoy lands, tenements, hereditaments, annuities, and other property moveable and immoveable, real and personal, corporeal and incorporeal, and any land and every estate and interest whatsoever given, granted, demised, or bequeathed to it or appropriated, purchased, or acquired by it in any manner or way whatsoever to, for, or in favour of the corporation;
(q) adopt a corporate seal and change it at will;
(r) do any and all things as are incidental or conducive to the attainment of the objects for which the corporation is established.
The corporation may, subject to the approval by the Director of Psychiatric Services, from time to time make by-laws, not contrary to the law for
(a) the administration, management, and control of the property, business, and other affairs of the corporation;
(b) the appointment, functions, duties, and remuneration of all officers, agents, and servants of the corporation;
(c) the appointment or deposition of an executive committee or any special committee or board from time to time created for the purposes of the corporation, and defining the powers of such committee or board;
(d) the calling of regular or special meetings of the corporation or of the executive and other committees or boards thereof;
(e) fixing the necessary quorum and the procedure to be followed at all meetings of the corporation;
(f) determining the qualifications for membership in the corporation;
(g) defining the principles and standards of the corporation; and
(h) generally carrying out the objects and purposes of the corporation.
The corporation may exercise all its powers by and through an executive committee or through such boards or committees as may from time to time be elected by the corporation for the management of its affairs.
In so far as authorization by the Legislative Assembly of Manitoba is necessary, any person or corporation, in whose name any property, real or personal, is held, in trust or otherwise, for the uses and purposes of the corporation, or any such person or corporation to whom any such property evolves may, subject always to the terms and conditions of any trust relating to such property, transfer such property or any part thereof to the corporation.
The corporation may make a gift of or lend any of its property, whether real or personal, for or to assist any other religious, charitable, educational, or scientific institutions, having the same or similar objects and powers as the corporation, upon such terms and conditions as it may deem expedient, including assistance in the erection or maintenance of any building or buildings of such institution.
In the event of the dissolution of the corporation the assets and all other rights remaining, after the payment and satisfaction of all debts and liabilities, shall be transferred, subject to any trusts affecting the same, to an organization or organizations having similar objects and purposes, and the same shall not be paid or distributed among the members of the corporation.
No member of the board of directors shall be liable or answerable for any debt, liability, or obligation of the corporation or in respect of any act or omission of the corporation or any of its officers, members, employees, or agents.
The corporation shall be operated and maintained without pecuniary gain to its members and any profits or other accretions shall be used in promoting its purposes and objects.
The corporation shall not restrict admission of persons requiring assistance and care for reasons only of race, creed, or colour.
All transfers, deeds of sale, leases, mortgages, and other documents shall be executed in accordance with the provisions of the by-laws of the corporation in that behalf.
The head office of the corporation shall be in The Town of Winkler, in Manitoba, or such other place in the province as is determined by resolution of the board of directors.
All the powers of the corporation shall be vested in and be exercised by the board of directors, except so far as the same are by this Act or by the by-laws expressly required to be exercised by the corporation in general meeting.
On April 16, 1964
(a) all assets that, at the time were vested in the institution, were transferred to and vested in the corporation; and
(b) all liabilities of said institution at that time were charged on the corporation and became liabilities thereof.
NOTE: This Act replaces S.M. 1964 (1st sess.), c. 84.