Thistletown Centre Foundation Act, 1998 Hastings, John — Bill 94 (36th Parliament, 2nd Session)

Bill 94, 36-2

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Bill 94, Thistletown Centre Foundation Act, 1998

Hastings, John

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[36] Bill 94 Original (PDF)

B094_E

Bill 94 1998

An Act to maintain the Thistletown Centre Foundation

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Foundation maintained

(1) The body known as the Thistletown Regional Centre

of the Thistletown Centre Foundation and in French of Fondation du centre

Thistletown.

Composition

(2) The Foundation is composed of the members of its board of

directors.

Corporations Act

(3) The Corporations Act does not apply to the Foundation, except

as provided by the regulations made under this Act.

Corporations Information Act

(4) The Corporations Information Act does not apply to the

Foundation.

Crown agency

2. The Foundation is for all its purposes an agent of Her

Majesty and may exercise its powers only as an agent of Her Majesty.

Objects

3. The objects of the Foundation are,

(

a) to establish and maintain a facility for diagnosing and treating

children and young adults who suffer from mental health problems or related

physical problems or who are at risk of suffering from those mental health or

physical problems;

(

b) to undertake research into the diagnosis and treatment of the children

and young adults described in clause (

a) and the problems described in that

clause;

(

c) to provide information to the public and to persons who receive

treatment at the facility described in clause (

a) about the problems

described in that clause;

(

d) to recommend to the Minister of Community and Social Services programs

for diagnosing and treating the children and young adults described in clause

(a); and

(

e) to solicit, receive, manage, transfer and distribute real and personal

property to support any of the objects described in clauses (

a) to (d).

Powers

(1) Subject to this section, the Foundation has all

the capacity and powers of a natural person for the purpose of carrying out

its objects.

Agreements

(2) Subject to the approval of the Lieutenant Governor in Council, the

Foundation may make agreements with universities, medical and mental health

associations, hospitals, associations and persons for the purpose of carrying

out its objects.

Revenues and investments

(3) Despite

section 2 of the Financial Administration Act , the

revenues and investments of the Foundation do not form part of the

Consolidated Revenue Fund.

Use of money received

(4) The Foundation may use the money and other property that it receives

for the purpose of carrying out its objects, subject to the terms under which

the money or property was given to the Foundation.

Investing

(5) The Foundation may not invest its money unless,

(

a) the investment is one which a trustee may make under

section 26 or 27

of the Trustee Act\; or

(

b) the Minister of Finance has approved the investment.

Borrowing

(6) The Foundation may not borrow money and give security against its

property except with the approval of the Lieutenant Governor in Council and

on the terms approved by the Minister of Finance.

Collection of personal information

(7) The Foundation may collect personal information within the meaning of

section 38 of the Freedom of Information and Protection of Privacy

Act for the purpose of carrying out its objects.

Liability insurance

(8) The Foundation may purchase and maintain insurance for its benefit

against any liability that it incurs with respect to its real and personal

property.

Board of directors

(1) The affairs of the Foundation are under the

control and management of its board of directors.

Composition

(2) The board of directors shall be composed of not fewer than seven and

no more than 15 members appointed by the Lieutenant Governor in Council.

Representativeness of members

(3) In appointing members, the Lieutenant Governor in Council shall ensure

that each member is a member of a College of a health profession within the

meaning of the Regulated Health Professions Act, 1991 or represents

the medical faculty of a university in Ontario or the community of persons

that the Foundation is required by its objects to serve.

Term of office

(4) The members of the board shall hold office for a term of not less than

three years and not more than five years as the Lieutenant Governor in

Council determines in their appointment and may be reappointed.

Vacancy

(5) If a member of the board dies or is unable or unwilling to act, the

Lieutenant Governor in Council shall appoint a replacement for the remainder

of the term of office.

Remuneration

(6) The members of the board shall not receive any remuneration, but the

Foundation may reimburse members of the board for their reasonable

expenses.

Chair

(7) The Minister of Community and Social Services shall designate one of

the members of the board as the chair of the board and may designate another

member as the vice-chair of the board.

Duty of chair

(8) The chair shall preside over all meetings of the board.

Acting chair

(9) If the chair is absent or unable to act or if the office is vacant,

the vice-chair shall exercise and perform the powers and duties of the

chair.

Quorum

(10) A majority of the members of the board constitutes a quorum.

By-laws

(1) Subject to the approval of the Lieutenant Governor

in Council, the board may make the by-laws and rules that it considers

advisable for administering the affairs of the Foundation, including by-laws

to establish committees of the board and to appoint officers.

Committees

(2) A by-law establishing a committee of the board may delegate to the

committee the powers and duties of the board that are specified in the

by-law.

Policy directives

(1) With the approval of the Lieutenant Governor in

Council, the Minister of Community and Social Services may issue policy

directives on matters relating to the Foundation's exercise of its powers and

duties.

Consultation

(2) Before issuing a policy directive, the Minister shall consult with the

board of directors of the Foundation with respect to the content and effect

of the directive on the Foundation.

Notice

(3) Upon issuing a policy directive, the Minister shall cause it to be

published in The Ontario Gazette and shall give or cause to be given

notice of the directive to all members of the Assembly.

Best interests

(4) Compliance with a policy directive shall be deemed to be in the best

interests of the Foundation.

Implementation

(5) The members of the board of directors shall ensure that the Foundation

implements the policy directives promptly and efficiently.

Power

(6) The Foundation may do all things that in its opinion are necessary,

usual or incidental to the furtherance of the objectives set out in a policy

directive.

Employees

(1) The Foundation may,

(

a) establish positions, salaries, benefits and other remuneration for the

persons that the board of directors of the Foundation considers necessary for

the proper conduct of the affairs of the Foundation;

(

b) employ or contract for the services of the persons mentioned in clause

(a); and

(

c) pay the salaries, benefits and other remuneration of the persons

mentioned in clause (a).

Directors

(2) A person mentioned in clause (1) (

a) may include a member of the board

of directors of the Foundation.

No Crown employees

(3) A person whom the Foundation employs or for whose services the

Foundation contracts shall not be deemed to be a Crown employee.

No personal liability

(1) No action or other proceeding for damages may be

instituted against a member or former member of the board of directors of the

Foundation or a person appointed to the service of the Foundation for any act

done in good faith in the execution or intended execution of the person's

duty or for any alleged neglect or default in the execution in good faith of

the person's duty.

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the

Crown Act , subsection (1) does not relieve the Crown of liability in

respect of a tort committed by a person mentioned in subsection (1) to which

it would otherwise be subject.

Accounting

(1) The Foundation shall establish and maintain an

accounting system satisfactory to the Minister of Community and Social

Services.

Auditors

(2) The board of directors of the Foundation shall appoint one or more

auditors licensed under the Public Accountancy Act to audit the

accounts and financial transactions of the Foundation annually.

Other auditors

(3) In addition to the auditors mentioned in subsection (2), the

Provincial Auditor and one or more auditors licensed under the Public

Accountancy Act and appointed by the Lieutenant Governor in Council may

audit the accounts and financial transactions of the Foundation.

Financial year

(1) The financial year of the Foundation begins on

April 1 in each year and ends on March 31 in the following year.

Annual report

(2) Following the end of each financial year, the Foundation shall make an

annual report to the Minister of Community and Social Services on the affairs

of the Foundation.

Financial statement

(3) The annual report shall include an audited financial statement.

Tabling

(4) The Minister shall submit the annual report to the Lieutenant Governor

in Council and shall then lay the report before the Assembly if it is in

session or, if not, at the next session.

Other reports

(5) The Foundation shall submit to the Minister of Community and Social

Services all reports, other than the annual report, that the Minister may

require.

Regulations

12. The Lieutenant Governor in Council may make

regulations,

(

a) making a provision of the Corporations Act applicable to the

Foundation;

(

b) authorizing the Foundation to collect personal information within the

meaning of

section 38 of the Freedom of Information and Protection of

Privacy Act in a manner other than directly from the individual to whom

the information relates, and regulating the manner in which the information

is collected.

Commencement

13. This Act comes into force on the day it receives Royal

Assent.

Short title

14. The

short title of this Act is the Thistletown Centre

Foundation Act, 1998 .

EXPLANATORY NOTE

The Bill continues the Thistletown Regional Centre as a Crown agency and a

Thistletown Centre Foundation and in French of Fondation du centre

Thistletown.

The objects of the Foundation are mainly to establish and maintain a

facility for diagnosing and treating children and young adults who suffer

from mental health problems or related physical problems or who are at risk

of suffering from those mental health or physical problems and to raise funds

for the facility.

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.

Date Bill stage Activity Committee

December 3, 1998

First Reading

Carried

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Document details

Collection	Ontario — Bills
Citation	Bill 94, 36-2
Type	bill
Volume / chapter	p36 s2 bill 94 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3a7626c585ffce3dde99f104bdb9861aaf0654d4

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