|This is an unofficial archived version of The Institute of Chartered Piano Tuners of Manitoba Incorporation Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 73
The Institute of Chartered Piano Tuners of Manitoba Incorporation Act
|Table of Contents|
WHEREAS an association had existed in Manitoba for some time known as the Manitoba Piano Tuners' Association;
AND WHEREAS certain persons by their petition prayed that the said association should be continued under the name of The Institute of Chartered Piano Tuners of Manitoba, and that The Institute of Chartered Piano Tuners of Manitoba should be incorporated;
AND WHEREAS their prayer was granted, and resulted in the enactment of The Chartered Piano Tuners Act, assented to March 31, 1926;
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:
The Institute of Chartered Piano Tuners of Manitoba (hereinafter referred to as "the Institute") 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 Institute.
The Institute shall be capable of making and receiving all deeds, conveyances, transfers, assignments and contracts necessary to carry out effectually the provisions of this Act and promote the objects and designs of the Institute, and shall, subject to the provisions of this section, be capable of taking, purchasing, holding, selling, mortgaging and disposing of any and all goods, chattels, lands, tenements and hereditaments, and any real and personal property whatsoever, and any interest therein, which may from time to time be necessary or convenient for the purposes of the Institute, but the Institute shall not engage in trade or deal in lands or any interest therein, but may apply moneys derived from fees, voluntary contributions or donations from members or others, towards the maintenance and objects of the Institute in such manner as the Institute shall from time to time by by-law direct.
Provided always that the Institute shall only have power to acquire and hold such real estate so far as the same shall be necessary for the purpose of the Institute within Manitoba.
Provided also that it shall be lawful for the Institute to invest the funds of the Institute in such investments as trustees are authorized to invest in under The Trustee Act.
The objects and powers of the Institute shall be to promote and increase, by all lawful means, the knowledge, skill and proficiency of its members in all things relating to the profession of a public piano tuner, and to that end to establish classes, lectures and examinations and prescribe such tests of competency, fitness and moral character as may be thought expedient to qualify for admission to membership, and to grant diplomas to such members enabling them to use the designation "Chartered Piano Tuner" as a certificate of such membership.
The head office of the Institute shall be in the city of Winnipeg, in the Province of Manitoba, at the office of the secretary for the time being, until such time as the Institute shall provide a permanent office.
The Institute by by-law may make one or more classes of membership and may prescribe the qualifications for and the rights of each of such classes.
The affairs and business of the Institute shall be managed by a Council consisting of not less than three and not more than six members.
An annual meeting shall be held for the election of members of the Council of the Institute, and for such other business as may be brought before such meeting, at such time and place, and under such regulations and after such notices as by the by-laws of the Institute shall be determined, and, in default of such election being held at the proper time the existing Council shall continue to act until their successors shall be duly appointed.
Nominations for candidates for election to the Council must be in writing, signed by two members of the Institute, and must be lodged with the secretary at least 14 days before the date of the annual meeting.
A voting paper containing the names, alphabetically arranged, of the persons nominated for election to the Council shall be sent by mail to each member in good standing at least 10 days before the date of the annual meeting, and the Council shall be elected by means of such voting papers, whether the members voting be present or absent from the annual meeting.
The Council may by by-law provide that practising members only shall be eligible for election to the Council and may by by-law determine who are practising members; provided that the Institute may in general meeting pass such by-laws.
All vacancies which may occur in the Council by death or otherwise, in the interval between two annual meetings, may be filled by the Council.
The Council shall elect from among its members a President and one or more Vice-Presidents, as may be provided by the by-laws. The office of President shall not be held by any one person for more than five years in succession.
The Council shall appoint a Secretary and Treasurer (the same person being eligible for both offices), who may or may not be members of the Institute.
The Council may appoint such other officer or officers as may be provided by the by-laws.
The Council may make by-laws for the government of its members and the carrying on of its objects, and may from time to time repeal, amend or re-enact the same, but every such by-law, and every repeal, amendment or re-enactment thereof, unless in the meantime confirmed at a special meeting of the Institute called for that purpose, shall have force only until the next annual meeting of the Institute, and in default of confirmation thereat shall, at and from that time only, cease to have force; provided that the Institute in general meeting may make, repeal, amend or re-enact by-laws for any of the purposes aforesaid.
The Institute may establish classes of students in piano tuning and may make arrangements with any University or College in Manitoba for the attendance of students in piano tuning at such lectures or classes in such University or College as may come within the course of subjects provided by the rules, by-laws and regulations of the Institute, and may agree with any such University or College for the use of any library or museum or property belonging to or under the control of such University or College, and may enter into all arrangements necessary for that end upon such terms as may be agreed upon.
The Council may:
(a) prescribe a curriculum of studies to be pursued by, and term of service of, the students;
(b) determine as to the fitness, moral character and habits of persons applying to be examined;
(c) prescribe the subjects upon which candidates for membership shall be examined;
(d) fix standards of skill and competency;
(e) establish a scale of fees to be paid by person applying for examination;
(f) appoint examiners, define their duties and fix their remuneration; and
(g) make such rules and regulations (not contrary to the provisions of this Act or the by-laws of the Institute) in respect to examinations as may be expedient.
The Council shall hold examinations at least once in each year if one or more persons offer themselves for examination.
Any person not under the age of 21 years who shall have satisfied the Council as to his fitness, moral character and habits, and as to his skill and competency, and who shall have passed the examination of the Institute and paid the fees fixed by by-law, shall be entitled to become a member of the Institute.
The Council shall by resolution prescribe the conditions upon which persons, who have passed the examinations of other corporate bodies having the same or similar objects, may be admitted as members of the Institute, and such conditions shall be reasonable and subject to amendment from time to time by the Lieutenant Governor in Council, and if the Council omits to provide such conditions the Lieutenant Governor in Council may prescribe the same.
The Council may fix an entrance fee and the annual fee or subscription to be paid by the various classes of members, and may vary the amounts thereof from time to time.
Persons who have rendered conspicuous services to the Institute, either in the advancement of its educational objects or its general welfare or by material contributions to the library or other funds of the Institute, may, by the unanimous vote of the members present at any meeting of the Institute, be elected to honorary membership of the Institute, but honorary membership shall not confer the right to use the designation "Chartered Piano Tuner" or to be elected to the Council or to vote.
No members shall be personally liable for any debt of the Institute beyond the amount of his unpaid fees or subscription as aforesaid.
All interest in or claim against the funds and property of the Institute of any member shall absolutely cease and determine upon the death of such member, and shall also absolutely cease and determine upon any such member during his lifetime ceasing to be a member of the Institute.
The Institute may by by-law provide for the suspension and expulsion, on complaint in writing and after due inquiry into same, of any member for misconduct or violation of the rules or by-laws of the Institute.
No person shall be entitled to take or use the designation "Chartered Piano Tuner", or any name, title or description implying that he is a Chartered Piano Tuner, unless he is a member of the Institute in good standing and registered as such.
Every person who contravenes any of the provisions of section 20 shall for every contravention incur a penalty of $50., and the penalty imposed by this Act may be recovered with full costs of prosecution on a summary conviction before any one or more of Her Majesty's justices of the peace in the municipality in which the offence is committed, except where it is otherwise provided. The procedure on such prosecution shall be in accordance with the provisions of The Summary Convictions Act.
The penalty imposed upon any such conviction shall be forthwith paid over to the Provincial Treasurer, to form part of the Consolidated Revenue Fund of the Province, and, in case the said penalty and costs are not paid forthwith, the said justice may issue his warrant to commit the defendant to the common gaol of the judicial district in which the offence was committed, there to be imprisoned for any term not exceeding two months, unless the penalty and costs are sooner paid.
The Council shall cause to be kept by the secretary, or other officer appointed for the purpose, a book or register in which shall be entered in alphabetical order the names of all members in good standing, and those members only whose names are entered in the book or register aforesaid shall be deemed entitled to the privilege of membership in the Institute, and such book or register shall at all times be subject to inspection by any person, free of charge.
Such book or register, or copy of the same duly certified by the secretary, shall be prima facie evidence in all courts and before all persons that the persons whose names are entered therein are members of the Institute in good standing, and the absence of the name of any person from such register shall be prima facie evidence that such person is not a member of the Institute.
Nothing in this Act shall affect or interfere with the right of any person, not a member of the Institute, to practice as a piano tuner in the Province of Manitoba, nor with the right of any person, not residing or having an office within this Province to use any designation as piano tuner.
NOTE: This Act replaces S.M. 1926, c. 119.