|This is an unofficial archived version of The Mount Carmel Clinic Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 120
The Mount Carmel Clinic Act
|Table of Contents|
WHEREAS Mount Carmel Clinic, by its petition, prayed that it should be continued as a body corporate and politic;
AND WHEREAS its prayer was granted, and resulted in the enactment of The Mount Carmel Clinic Act, assented to June 14, 1974;
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:
In this Act
"board" means the board of directors of the corporation; (« conseil »)
"corporation" means Mount Carmel Clinic; (« Corporation »)
"director" means member of the board; (« administrateur »)
"member" means member of the corporation. (« membre »)
Mount Carmel Clinic is continued as a corporation.
The corporation is composed of the persons who are from time to time directors of the corporation.
The objects of the corporation are
(a) to operate and maintain in the Province of Manitoba a social and medical clinic;
(b) to provide facilities and personnel for the treatment of sick persons and to ensure for such persons a high quality of medical care and treatment;
(c) to carry on educational activities related to rendering care to the sick and injured and to the promotion of health with a view to maintaining and improving the standard of medical education and knowledge;
(d) to participate in any activity designed and carried on to promote the general health of the community and to co-operate with hospitals and other health agencies in the care and treatment of the sick.
The corporation shall be operated and maintained exclusively for charitable and educational purposes without private gain.
The directors shall act without personal remuneration.
No director of the corporation is liable or answerable for any debt, liability or obligation of the corporation or in respect of any act, error or omission of the corporation or any of its officers, members, employees or agents.
The corporation may do all acts and things necessary to carry out its objects and the rights and duties vested in it by this or any other Act, and without limiting the generality of the foregoing, it may
(a) manage all undertakings of any health and social service operated and maintained by the corporation;
(b) subject to The Health Services Insurance Act and The Hospitals Act, fix the fees and rates charged by the corporation for the nursing of, attendance upon, supply of clinical care and treatment to, patients and for rendering of other social services to persons;
(c) appoint, suspend or remove employees of the corporation, including medical and social service staff;
(d) establish such reserves as the board may decide, and invest them or other funds in such securities, and in such manner as the board may think fit, and vary or realize any such investments;
(e) receive and accept such grants, devises, gifts and bequests as are made by or received from the Government of Canada or the Government of Manitoba, or any municipality or other corporation or person, for the use and purposes of the corporation.
The affairs of the corporation shall be managed by a board of directors consisting of 25 persons, elected in such manner and to serve for such term as may be prescribed by by-law, but such by-law shall have no force or effect until approved by the Lieutenant Governor in Council.
Until varied by by-law under section 9, the board of the corporation shall consist of
(a) 4 persons elected from the Lord Selkirk Community Advisory Committee;
(b) 1 person appointed by the board of the Health Sciences Centre, from the Community Care Committee;
(c) 1 person appointed by the board of Seven Oaks Hospital;
(d) 2 persons appointed by the Winnipeg Jewish Community Council;
(e) 2 persons appointed by the Social Planning Council of Winnipeg;
(f) 1 person elected by the medical staff of the corporation;
(g) 1 person elected by the non-medical staff of the corporation;
(h) the following persons:
Einar Arnason, Ada Berney, Dirk Blouw, Jean Brown, Gerald Kalef, Robert Graham Krause, John McNairnay, Chris Pammenter, Gordon Pullan, Jack Rosove, Mira Spivak, John A. Swan and Kevin McCulloch, or their successors duly elected or appointed in accordance with the by-laws of the corporation.
Until the members to be appointed under clauses (a) to (g) of subsection (1) are appointed or elected, the persons named under clause (h) together with such persons as may be appointed or elected under clauses (a) to (g) of subsection (1) shall constitute the board.
Until varied by by-law, 8 members of the board constitute a quorum of the board.
The chief administrative employee of the corporation who shall be known as the executive director shall be an advisory but non-voting member of the board, but, notwithstanding, may be asked to leave a meeting of the board while his terms of employment or conduct in administering the corporation is being discussed.
The powers of the corporation are vested in and may be exercised by the board.
The board may make and pass by-laws, rules, orders and regulations not contrary to law or this Act, and repeal and amend them for all purposes relating to or bearing on the affairs, business, property, objects and powers of the corporation, its management, government, acts, objects and interests, and, in particular, but without limiting the generality of the foregoing, the board may by by-law regulate
(a) the organization of, appointment to, suspension or removal from the medical staff and medical practice in the corporation;
(b) the engagement and removal of all employees of the corporation and the manner in which the rate of remuneration to be paid to such persons should be determined;
(c) the manner of the election of officers and the definition of their respective duties;
(d) the appointment, constitution, terms of reference and terms of office of such committees for the conduct of the business of the corporation and the delegation to such committees of such powers and duties as the board may from time to time determine;
(e) the time at which, and the place where the meetings of the corporation and the board shall be held;
(f) the number of members required to form a quorum at meetings of the corporation, the board or any committee which number need not constitute a majority of the members of the corporation, the board or the committee, as the case may be;
(g) the calling of meetings;
(h) the filling of vacancies on the board or any committee thereof;
(i) the procedure in all things at meetings; and
(j) the form and execution of contracts.
There shall be an annual audit of the accounts of the corporation covering the full fiscal year by an independent auditor who shall be a chartered accountant and shall be appointed annually by the board and the board shall give full information and permit necessary inspections to enable such audits to be made.
Note: This Act replaces S.M. 1974, c. 81.