Elliott Act, 2002 Arnott, Ted — Private Bill PR9 (37th Parliament, 3rd Session)

Bill PR9, 37-3

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Bill PR9, Elliott Act, 2002

Arnott, Ted

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Status

Original

As Amended by Standing Committee

Royal Assent

[37] Bill 9 Royal Assent (PDF)

Bill Pr9 2002

An Act respecting

The Elliott

Preamble

The Corporation of the City of Guelph, referred to in this Act as the

City, and the Board of Trustees of The Elliott have applied for special

legislation to alter the composition of the board of trustees, including by

permitting up to one-third of the members of the board of trustees to be

non-residents of the City of Guelph, and to alter its powers. The applicants

represent that The Elliott was created in 1903 as an institution known as The

Guelph Home of the Friendless by the will of George Elliott, late of the City

of Guelph, was incorporated by special legislation in 1907 and was continued

under the name The Elliott by special legislation in 1963. The applicants

further represent that The Elliott has been operating since its inception as

a home for the aged for the benefit of the residents of the City of Guelph

and its surrounding areas and that both applicants are committed to working

together for the continued provision of services for seniors in the

community.

It is appropriate to grant the application.

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

Legislative Assembly of the Province of Ontario, enacts as follows:

Corporation continued

(1) The corporation known as The

Elliott is continued as a corporation without share capital under the same

name.

Current board continued

(2) The Board of Trustees of The Elliott in office immediately

before this Act comes into force shall continue in office until a board of

trustees is appointed under this Act.

Local board

2. The Elliott is a local board, within the

meaning of the Municipal Affairs Act , of the City.

Object

(1) The object of The Elliott is

to provide care and services to persons of senior years who, because of

infirmity or physical, developmental, financial, emotional or social

disadvantage, are unable to support themselves or are in need of such care or

services.

Same

(2) The Elliott shall construct, establish, operate and

maintain the buildings, institutions and facilities it considers necessary to

carry out its object.

Board of trustees

(1) The affairs of The Elliott

shall be managed by its board of trustees.

Composition

(2) The board of trustees shall be composed of a minimum of

five and a maximum of 11 persons, including the mayor of the City.

Same

(3) The mayor of the City may appoint another member of the

City council to represent him or her and act in his or her place on the board

of trustees at any time.

Residency requirements

(4) Every member of the board of trustees must be a resident of

Ontario and at least two-thirds of the members must be residents of the City

of Guelph.

Appointment

(5) The members of the board of trustees shall be appointed by

the City council from among the persons recommended by the nominating

committee of the board of trustees.

Same

(6) Despite subsection (5), the City council may request that

the nominating committee provide additional names for its consideration and,

after considering three revised lists of names submitted by the nominating

committee in respect of one appointment to the board of trustees or if the

nominating committee does not provide a revised list within 30 days of the

City council's request, the City council may appoint any person to the board

of trustees, whether or not that person was recommended by the nominating

committee.

Term

(7) The members of the board of trustees shall be appointed for

a term of three years, but members shall continue to serve after their terms

have expired until their successors are appointed.

First appointments

(8) Despite subsection (7), a maximum of one-third of the first

members of the board of trustees shall be appointed for a one-year term and a

maximum one-third of the first members of the board of trustees shall be

appointed for a two-year term, as determined by the City council.

Reappointment

(9) Every member of the board of trustees is eligible for

reappointment at the end of his or her term, but a member shall not be

reappointed after serving for 10 consecutive years; after serving for 10

consecutive years, a former member of the board of trustees is again eligible

for reappointment after the expiry of one year when he or she was not a

member of the board of trustees.

Removal

(10) The City council may remove a member of the board of

trustees before the expiry of his or her term by serving the member with

written notice of the removal, together with reasons,

(

a) upon the recommendation to the council by the board of trustees;

(

b) on the council's initiative and after consulting with the board of

trustees.

By-laws

(11) The board of trustees may pass by-laws and make rules, not

contrary to this Act, for the governance and administration of The

Elliott.

Powers

(1) The Elliott has all the

powers necessary to carry out its object.

Same

(2) Without limiting the generality of subsection (1), The

Elliott may,

(

a) subject to the Charitable Gifts Act , purchase or otherwise

acquire, take or receive by gift, bequest or devise, and hold and enjoy any

estate or property, whether real or personal, and sell, grant, convey,

mortgage, pledge or otherwise dispose of or deal with such estate or property

or any part of it;

(

b) subject to subsection (3), borrow money and create mortgages, bonds

and debentures as security for the repayment of the money.

Borrowing restrictions

(3) The Elliott may not borrow money without the prior consent

of the City council, and the City council shall, if its consent is requested,

reply within 45 days of the request and shall not withhold its consent

unreasonably.

Auditor

(1) Despite being a local board

of the City, the board of trustees shall appoint an auditor who is licensed

under the Public Accountancy Act to audit The Elliott's accounts and

transactions each year.

Annual report

(2) The auditor shall submit an annual report to the board of

trustees.

Same

(3) The board of trustees shall give a copy of each annual

report to the City council within 30 days after it receives the report from

the auditor.

Lease of land

(1) The Elliott shall lease from

the City the lands owned by the City and further described in subsection

(2) and on which, immediately before this Act comes into force, The Elliott

operated and maintained buildings, institutions and facilities in furtherance

of its object.

Same

(2) Subsection (1) applies to the lands comprising Lots 61, 62,

63, 64 and 65 on Registered Plan 221, being Parts 11, 12 and 13 on Plan WGR

50, in the City of Guelph (formerly the Township of Guelph) in the County of

Wellington.

Use of assets

8. Despite the residuary clause of the will of

George Elliott and despite any stipulation to the contrary in any gift,

devise or bequest made before this Act comes into force in favour of The

Guelph Home of the Friendless or The Elliott, the assets and property of The

Elliott, except for restricted trust property held for the benefit of

specific residents, may, in the discretion of the board of trustees, be

applied and expended in furtherance of The Elliott's object, as set out in

section 3.

Repeals

(1) Section 1 of

An Act to

incorporate The Guelph Home of the Friendless, and for other purposes ,

being

chapter 119 of the Statutes of Ontario, 1907, is repealed.

Same

(2) The Elliott Act, 1962-63 is

repealed.

Commencement

10. This Act comes into force on the day it receives

Royal Assent.

Short title

11. The

short title of this Act is the Elliott Act,

2002 .

[37] Bill 9 As Amended by Standing Committee (PDF)