Métis Nation of Ontario Secretariat Act, 2015 Orazietti, Hon. David Minister of Government and Consumer Services — Bill 153 (41st Parliament, 1st Session)

Bill 153, 41-1

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Bill 153, Métis Nation of Ontario Secretariat Act, 2015

Orazietti, Hon. David Minister of Government and Consumer Services

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[41] Bill 153 Royal Assent (PDF)

Bill 153 2015

An Act to recognize

the corporate structure of the Métis Nation of Ontario by enacting the Métis

Nation of Ontario Secretariat Act, 2015

Preamble

Métis Nation of

Ontario Secretariat is a corporation without share capital incorporated under

the Corporations Act . It is the corporate and

administrative arm of the Métis Nation of Ontario, which was created to

represent and advocate on behalf of its registered citizens, and the Métis

communities comprised of those citizens, with respect to their collective

rights, interests and aspirations, as well as to provide social, economic and

cultural supports to Métis individuals, families and communities through a province-wide

service delivery system.

The Métis Nation of

Ontario maintains a centralized registry of its citizens. The members of Métis

Nation of Ontario Secretariat are citizens of the Métis Nation of Ontario, with

defined rights and responsibilities, as set out in the Secretariat's constituting

documents and by-laws.

The citizens of the

Métis Nation of Ontario identify as descendants of the Métis people that

emerged in west central North America with their own language (Michif),

culture, traditions and way of life. These Métis people collectively refer to

themselves as the Métis Nation, which includes Métis communities within

Ontario.

Through Métis Nation

of Ontario Secretariat, the Métis Nation of Ontario has established various

democratically elected governance structures at the local, regional and

provincial levels to represent its citizens. The Government of Ontario recognizes

that the Secretariat's status as a governance structure that represents its

citizens at the local, regional and provincial levels creates operational

realities that are distinct from other Ontario not-for-profit corporations.

Therefore, Her

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

Province of Ontario, enacts as follows:

Definitions

Definitions

1. In this Act,

"by-laws" means the

by-laws of the Secretariat; ("règlements administratifs")

"citizen" means a

member of the Secretariat; ("citoyen")

"councillor" means,

except as otherwise provided in

section 9, a director of the Secretariat; ("conseiller")

"Métis Community

Council" means a corporation without share capital that,

(

a) has the

Secretariat as its sole member,

(

b) contains

"Métis Community Council" or "Conseil communautaire métis" within its corporate

name, and

(

c) is prescribed

by regulations made under subsection 16 (2); ("conseil communautaire métis")

"Provisional Council"

means the Provisional Council of the Métis Nation of Ontario, being the board

of directors of the Secretariat; ("conseil provisoire")

"Secretariat" means

the corporation without share capital incorporated on February 25, 1994 by

letters patent under the Corporations Act under the

name Métis Nation of Ontario Secretariat. ("Secrétariat")

Secretariat

Corporations Act

(1) The

Corporations Act applies to the Secretariat, except

as otherwise provided under this Act.

Corporate name

(2) The

Secretariat's name is changed to "Métis Nation of Ontario Secretariat" in

change is deemed to have been effected by supplementary letters patent under

the Corporations Act .

Notice to

Minister

3. The

Secretariat shall notify the Minister responsible for the administration of

this Act when an application to file letters patent or supplementary letters

patent is made under the Corporations Act in

relation to,

(

a) the

Secretariat;

(

b) a Métis

Community Council; or

(

c) a body that,

if incorporated, proposes, with the Secretariat's written consent, to include

within its corporate name the expression "Métis Community Council" or " Conseil

communautaire m é tis" .

Election of

councillors

(1) Councillors

shall be elected by citizens every four years, and the elections shall be by

province-wide ballot.

Same

(2) For

the purposes of subsection (1), the requirement in subsection 287 (1) of the Corporations Act that the election take place in a

general meeting does not apply.

Removal of councillors

(1) The

citizens may, by ordinary resolution at a special meeting, remove from office

any councillor, except a person who is a councillor by virtue of his or her

office.

Councillor elected by group of

citizens

(2) A councillor elected by a group of

citizens that has an exclusive right to elect the councillor may only be removed

by an ordinary resolution of the members of that group.

Ordinary resolution

(3) For the purposes of subsections (1) and

(2), an ordinary resolution is a resolution that,

(

a) is submitted to and passed at a

meeting of the citizens, with or without amendment, by at least a majority of

the votes cast; or

(

b) is consented to by each citizen

entitled to vote at a meeting of the citizens, or by the citizen's attorney.

Quorum to remove councillor

(4) The quorum for a special meeting to

remove a councillor is a majority of the citizens entitled to vote to remove

the councillor.

Youth representatives

(1) A

person who, while under the age of 18, is elected by the citizens in accordance

with the by-laws to represent, on the Provisional Council, the interests of

young people for a specified term is not a councillor, does not hold any of the

rights, powers, duties or liabilities of a councillor, and is not entitled to

exercise a binding vote on any matter before the Provisional Council or any of

its committees.

Application

(2) Subsection (1) applies for the duration

of the person's term, even if he or she reaches the age of 18 during the term.

Requisition for meeting

(1) The

application of subsection 295 (1) of the Corporations Act to the Secretariat is modified

as follows :

1. A requisition

that the councillors hold a meeting requires that the citizens who hold at

least 20 per cent of votes that may be cast at the meeting sought to be held

make the request.

2. In addition

to the requirement that the purpose of the meeting not be inconsistent with

that Act, the purpose must not be inconsistent with this Act.

Failure to call meeting

(2) If the councillors do not call a

meeting within 21 days after receiving a requisition that meets the requirements

of subsection 295 (2) of the Corporations Act , any

citizen who signed the requisition may call the meeting, and subsection 295

(4) of that Act does not apply.

List of citizens

(1) Section

306 of the Corporations Act does not apply to the

Secretariat.

Same

(2) The

application of subsection 307 (1) of the Corporations Act

to the Secretariat is modified as follows:

1. Only a

citizen or his or her attorney or legal representative may require the

Secretariat to provide the information described in that subsection.

2. A statutory

declaration shall be used instead of the affidavit, and shall contain,

i. the

applicant's name and address, and

ii. a

statement that the information described in that subsection will not be used

except as permitted under

section 307 of that Act.

Unconnected purposes

(3) For

the purposes of clause 307 (4) (

b) of the Corporations Act ,

purposes not connected with the Secretariat include,

(

a) forming a body

with objects similar to those of the Secretariat or establishing a registry of

Aboriginal persons;

(

b) challenging

the eligibility of any person to be a citizen; and

(

c) soliciting

citizens on behalf of another body.

Métis Community Councils

Definition

9. For

the purposes of sections 10 to 14,

"councillor" means a

director of a Métis Community Council.

Corporations Act

10. The

Corporations Act applies to Métis Community

Councils, except as otherwise provided under this Act.

Secretariat as sole

member

(1) Despite

subsection 4 (1) and

section 121 of the Corporations Act ,

upon incorporation of a corporation without share capital that, with the

Secretariat's written consent, includes within its corporate name the

expression "Métis Community Council" or " Conseil communautaire

m é tis", the

Secretariat becomes the sole member of the corporation.

Corporation with

fewer than three members

(2) Section

311 of the Corporations Act does not apply to Métis

Community Councils.

Councillors must be

citizens

12. Subsections

286 (1) and (2) of the Corporations Act do not

apply to Métis Community Councils, but no person shall be a councillor unless

he or she is a citizen.

Written

declarations restricting councillors

(1) The

Secretariat may, in its capacity as the sole member of a Métis Community

Council, make a written declaration that restricts, in whole or in part, the

powers of the councillors of the Métis Community Council to manage or supervise

the management of its activities and affairs.

Effect

of written declaration

(2) If the Secretariat makes a written

declaration under subsection (1) in relation to a Métis Community Council,

(

a) the

Secretariat has all the rights, powers, duties and liabilities of a councillor

under the Corporations Act , this Act or otherwise,

including any defences available to the councillors, to the extent that the

declaration restricts the powers of the councillors to manage or supervise the

management of the Métis Community Council's activities and affairs and gives

the Secretariat such powers; and

(

b) the

councillors of the Métis Community Council are relieved of their duties and

liabilities, including any liabilities under

section 81 of the Corporations Act , to the same extent.

Limitations

on Secretariat's discretion

(3) Nothing in this

section prevents the

Secretariat from fettering its discretion when exercising the powers of

councillors under a written declaration.

Termination

(4) If a written declaration does not

provide for its termination, the Secretariat may terminate it by a resolution.

Winding

up by court

(5) A Métis Community Council may, in

addition to the circumstances set out in

section 243 of the Corporations Act , be wound up by order of a court, if the

court is satisfied that a written declaration made in relation to that Métis

Community Council entitled the Secretariat to demand the dissolution of the Métis

Community Council after the occurrence of a specified event and that event has

occurred.

When

reference to written declaration included

(6) A reference in the following provisions

of the Corporations Act to a corporation's letters

patent is, when applied to a Métis Community Council, deemed to include a

reference to any written declaration made under subsection (1) in relation to

that Métis Community Council:

1. Clause

97 (1) (d).

2. Subsection

126 (2).

3. Subsection

129 (1).

4. Subsection

289 (3).

5. Paragraph

1 of

section 300.

When

subject to written declaration

(7) The following provisions of the Corporations Act , as they apply to a Métis Community

Council, are subject to any written declaration made under subsection (1) in

relation to that Métis Community Council:

1. Subsection

59 (1).

Section

3. Subsection

130 (1).

4. Subsection

283 (1).

5. Subsection

289 (4).

Section

7. Subsection

291 (1).

Youth

representatives

(1) A

person who, while under the age of 18, is appointed by the Secretariat, in its

capacity as the sole member of a Métis Community Council, in accordance with

the by-laws of the Métis Community Council to represent, on the Métis

Community Council's board, the interests of young people for a

specified term is not a councillor, does not hold any of the rights, powers,

duties or liabilities of a councillor, and is not entitled to exercise a

Document details

Collection	Ontario — Bills
Citation	Bill 153, 41-1
Type	bill
Volume / chapter	p41 s1 bill 153 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	7b26258c821d252b2812c31c547820b77ea75441

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