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R.S.M. 1990, c. 100
The Manitoba Registered Music Teachers' Association Incorporation Act
WHEREAS The Manitoba Provincial Music Teachers' Association was incorporated by letters patent under the Great Seal of the Province of Manitoba, on September 28, 1938, under The Companies Act; and whereas the said association by its petition represented that it was desirous of having its members incorporated by an Act of the Legislative Assembly of the Province of Manitoba, and prayed for such incorporation;
AND WHEREAS its prayer was granted, and resulted in the enactment of An Act respecting "The Manitoba Registered Music Teachers' Association", assented to April 17, 1939;
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 Manitoba Registered Music Teachers' Association is continued as a corporation and is hereinafter referred to as "the association".
The association may acquire and hold real and personal property for its corporate purposes and may alienate, exchange, lease, mortgage or otherwise dispose of the same or any part thereof as occasion may require; and all fees, fines and penalties receivable or recoverable under this Act shall belong to and be the property of the association.
The association may pass by-laws not inconsistent with this Act for:
(a) the government and discipline of its members;
(b) the management of its property;
(c) the setting up and keeping of a register of its members showing the subject or subjects in which each is qualified and the admission of active members, including the admission of duly qualified persons who have presented degrees, diplomas or certificates of proficiency from approved institutions for musical training and met satisfactorily such other tests as may be so prescribed;.
(d) the recognition and affiliation with the association of local societies or associations composed of members of the association on such terms as may be specified in the by-laws;
(e) such other purposes as may be necessary for the management and operation of the association and the conduct of its affairs.
The affairs of the association shall be under the management of an executive committee composed of members who shall be elected annually at a meeting of the association called for that purpose, or at the annual meeting of the association, or in such manner as the by-laws may provide.
The election of the executive committee and all other questions voted on at a meeting of the association shall be decided by a plurality of the votes of the members present and entitled to vote, or in such manner as may be provided by by-law.
Members of the executive committee shall remain in office for a period to be fixed by by-law of the association and shall continue in office until their successors are appointed.
In case of a vacancy in the executive committee through the resignation or death of a member, or otherwise, the remaining members may fill the vacancy by the appointment of a duly qualified member of the association, who shall act until the next annual meeting.
The executive committee may make by-laws, rules and regulations, not contrary to law or to the provisions of this Act, for all purposes relating to the affairs, business and property of the association, its management, government aims, objects and interests, including:
(a) registration of members by subject or subjects and the issue of registration certificates;
(b) the appointment, functions, duties and removal of officers or servants of the association, and their remuneration;
(c) the time at which and place where the annual meeting of the association shall be held;
(d) the amount of and method of collecting the registration fee and the annual fee to be paid by members;
(e) the suspension and expulsion of members and removal of names of expelled members from the register;
(f) the examination of applicants for registration by subject or subjects; and
(g) the conduct in all other particulars of the affairs of the association.
Such by-laws, rules and regulations, unless in the meantime confirmed by a general meeting of the association duly called for the purpose, shall respectively have force only until the next annual meeting following their approval, and in default of confirmation thereat shall be null and void.
The officers of the association shall be such as are determined by by-law of the association and shall be elected by the executive committee from among its members, save and except that a secretary, a treasurer and a registrar or a secretary treasurer and a registrar may be appointed by the executive committee from outside the membership of the association.
Every person of good character residing in Manitoba who,
(a) on December 31, 1938, was an active member in good standing in The Manitoba Provincial Music Teachers' Association; or
(b) on April 17, 1939, was an active member in good standing in The Manitoba Provincial Music Teachers' Association; or
(c) since April 17, 1939, has become, and on June 1, 1968, was an active member in good standing of The Manitoba Registered Music Teachers' Association;
is entitled to be admitted to the register and to membership in the association in at least one subject.
Except as herein provided, no person shall be registered as a member of the association unless he or she
(a) holds a degree or diploma equivalent to that of the associate or licentiate grade issued by
(i) one of the universities co-operating through the Western Board of Music,
(ii) the Royal Conservatory of Music, Toronto,
(iii) McGill University Conservatorium of Music,
(iv) Trinity College, London, England,
(v) any one of the Royal Schools of Music, England,
(vi) Music Teachers College, London, Ontario,
(vii) Canadian College of Organists, or
(viii) any university or school of music recommended by the executive committee; and
(b) is over 20 years of age; and
(c) has resided in Manitoba for at least six months immediately prior to making application for membership; and
(d) has satisfied such conditions as to teaching experience as may be required by the executive committee.
Clause (2)(a) does not apply to a person who has been teaching music in a professional capacity under conditions satisfactory to the executive committee for at least 10 years and during that time has prepared at least one student for examinations which have resulted in that student obtaining a degree or diploma of the character referred to in clause (2)(a).
Where the requirements for a degree or diploma mentioned in clause (2)(a) do not include a pedagogic test, an applicant for membership in the association must pass such a test under one of the institutions mentioned in that clause at one of the regular examination dates, unless in the opinion of the board referred to in section 10 such a pedagogic test is not reasonably available in the field in which such degree or diploma is held by the applicant.
The association may admit to its membership any musician of international repute; such admittance to be approved by a majority of the membership at a general meeting.
Application for registration shall be made in writing to the registrar or secretary and accompanied by the registration fee fixed by the by-law of the association.
All recognition of degrees or diplomas and matters pertaining thereto shall be referred to a board of members appointed by the executive committee and then presented to the executive committee for confirmation.
Every person registered under this Act shall, so long as his name remains on the register, be entitled to use the designation, "Registered Music Teacher" if he states clearly in parentheses immediately following that designation, a word or words satisfactory to the executive committee, to indicate the subject or subjects in which he is registered, and any registered person who uses that designation without so indicating the subject or subjects in which he is registered; and any unregistered person who assumes such designation or title or in any manner represents that he or she is a registered music teacher, or who is by false or fraudulent declaration or statement attempts to procure registration under this Act, shall be guilty of an offence and liable upon summary conviction to a fine of not less than $5. nor more than $25. and in default of payment to imprisonment for a period not exceeding one month.
NOTE: This Act replaces S.M. 1939, c. 121.