|This is an unofficial archived version of The Misericordia General Hospital Incorporation Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 110
The Misericordia General Hospital Incorporation Act
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WHEREAS an association of Religious Ladies (hereinafter referred to as the "congregation") has existed for a period of years in the Province of Manitoba as a corporation under the name of Les Soeurs de Miséricorde;
AND WHEREAS the congregation previously owned and operated a general hospital at The City of Winnipeg, in the Province of Manitoba, under the name of Misericordia General Hospital;
AND WHEREAS the congregation, by its petition, prayed that Rachel Roy, Rolande Dufault and Albina Gosselin, all of The City of Winnipeg, in the Province of Manitoba, and certain other members of the congregation should be incorporated as Misericordia General Hospital;
AND WHEREAS its prayer was granted and resulted in the enactment of An Act respecting Misericordia General Hospital, assented to May 22, 1969;
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:
Misericordia General Hospital (hereinafter referred to as the "corporation") is continued as a corporation consisting of those persons who are members of the corporation on the coming into force of this Act and such other members of the congregation as may from time to time be designated by the Superior General of the Misericordia Sisters.
The purpose of the corporation is the ownership and operation of the institution at The City of Winnipeg known as Misericordia General Hospital, and other purposes and objects of a religious, philanthropic, charitable, educational or scientific nature or the like.
Subject to the laws of the Province of Manitoba, the corporation shall have all powers necessary or desirable to enable it to carry on any work or undertaking relating to its purposes and objects, including, without limitation, the following:
(a) to own and operate a hospital as defined in The Hospitals Act with certain facilities or institutions as defined in The Mental Health Act, rehabilitation centres, infirmaries, clinics, dispensaries and the like;
(b) to hold courses of instruction for the training of nursing and other personnel required for the purposes of the corporation;
(c) to fix fees and rates for any services rendered by the corporation to patients or others;
(d) to utilize surpluses for the renewal, extension or improvement of hospital services and training;
(e) to establish reserves and to invest them or any other funds;
(f) to receive and accept any gift, donation, endowment, devise, bequest, legacy, grant or transfer of real and personal property of any and every nature and kind whatsoever or any interest therein, whether absolute or conditional and wheresoever situate;
(g) when authorized by by-law of the board of directors hereinafter mentioned
(i) to borrow money on the credit of the corporation,
(ii) to issue, pledge or sell bonds, debentures or other securities of the corporation,
(iii) to mortgage, hypothecate, pledge or charge all or any of the real or personal property of the corporation, including book debts, rights, powers, franchises and undertakings, to secure any securities or any money borrowed or any debt or any other obligation or liability of the corporation, (iv) to make loans to or guarantee the repayment of the debts, obligations and liabilities of any other person with purposes and objects similar to those of the corporation.
The business and affairs of the corporation shall be managed by a board of directors, who need not be members of the corporation, of whom all shall be elected by the members of the corporation with the exception of certain members, who, if the by-laws of the corporation so provide, shall be members of the board of directors ex-officio. The number of members of the board of directors shall be fixed from time to time by by-law of the corporation.
The board of directors may pass, amend and repeal by-laws not contrary to law or to the provisions of this Act to regulate the conduct in all particulars of the business and affairs of the corporation and its management.
The board of directors shall from time to time elect from amongst its members a chairman and a vice-chairman, and may appoint such other officers as it may from time to time consider necessary or desirable and shall prescribe their duties.
The board of directors may constitute an executive committee made up of its chairman, vice-chairman and such other of its members as it may determine, to possess and to exercise between meetings of the board of directors, subject to any regulations which the board of directors may from time to time make, all the powers, authorities and discretions possessed or exercisable by the board of directors in the management of the business and affairs of the corporation, save and except only such acts as must by law be performed by the board of directors itself.
No member of the corporation or of the board of directors, or officer for the time being of the corporation 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, its directors, officers, members, employees, servants or agents, or for any other loss, damage or misfortune whatsoever which may happen in the execution of the duties of his respective office or trust or in any relation thereto.
The head office of the corporation shall be at such place in the Province of Manitoba as may be determined by by-law of the corporation.
Upon presentation to the district registrar of the Winnipeg Land Titles District of any transfer or other instrument whereby any land or interest in land situate in such district is being transferred from Les Soeurs de Misericorde to the corporation, the district registrar shall, without fee or charge therefor, do all things necessary to vest such land or interest therein in the name of the corporation subject to all such encumbrances or charges as may be registered against the title or titles thereto.
Note: This Act replaces S.M. 1969 (1st sess.), c. 30.