Kings Regional Rehabilitation Centre Act

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Published: 2016-01-05

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Kings Regional Rehabilitation Centre Act

amended 1991, c. 17size>

An Act to Incorporate
the Board of Management of
Kings Regional Rehabilitation Centre

Short title
1 The Act may be cited as the Kings Regional Rehabilitation CentreAct. 1990, c. 16, s. 1.

2 In this Act,

(a) "Management Corporation" means Kings RegionalRehabilitation Centre, incorporated by this Act;

(b) "Municipality" means the Municipality of the County ofKings. 1990, c. 16, s. 2.

Continuation of Kings Regional Rehabilitation Centre
3 The unincorporated body known as "Kings Regional RehabilitationCentre" established by Order in Council 79-1537, dated the twenty-seventh day of November, 1979, and amended on the first day ofFebruary, 1988, is hereby continued as a body corporate under the name"Kings Regional Rehabilitation Centre". 1990, c. 16, s. 3.

4 The object of the Management Corporation is to manage andoperate the Kings Regional Rehabilitation Centre. 1990, c. 16, s. 4.

5 (1) The Management Corporation consists of

(a) four members appointed by the Governor in Council; and

(b) six members appointed by the Municipality.

Term of office
(2) Unless an appointment otherwise prescribes, a member of theManagement Corporation holds office for a term of three years and maybe re-appointed.

Cessation of membership
(3) A person ceases to be a member of the Management Corporationwhen that person dies, resigns, becomes incapable of performing thatpersons duties as a member or fails to perform those duties or, wherethe person was a member of the Council of the Municipality at the timethat person was appointed a member of the Management Corporation,when that person ceases to be a member of that Council.

Casual vacancies
(4) Where a person ceases to become a member of the ManagementCorporation other than by reason of expiration of a term of office as amember of the Management Corporation, the body which appointed thatperson shall appoint another person as a member of the ManagementCorporation for the unexpired portion of the term.

Effect of vacancy
(5) A vacancy in the membership of the Management Corporationdoes not affect the exercise by the remaining members of the powers,rights and privileges of the Management Corporation or the corporatecapacity of the Management Corporation. 1990, c. 16, s. 5.

Powers of Management Corporation
6 (1) The Management Corporation may exercise such powers asare necessary or conducive in attaining its object and, without restrictingthe generality of the foregoing, may

(a) subject to subsection (2), make such by-laws, rules andregulations as the Management Corporation deems necessary for,or conducive to, attaining its object;

(b) acquire by donation, deed, devise, bequest, purchase or giftreal or personal property, hold and enjoy the same, erect andmaintain such buildings or structures on such real property as arenecessary or conducive to attaining its object, and sell, transfer,convey, dispose of and deal with such real and personal property;

(c) determine its fiscal year;

(d) with the consent of the Municipality, borrow from time totime such sums of money as may be necessary for, or conduciveto, attaining its object and upon such terms and conditions as theBoard determines.

Ministerial approval
(2) A by-law, rule or regulation made pursuant to clause (a) ofsubsection (1) is not effective unless and until it is approved by theMinister of Community Services. 1990, c. 16, s. 6.

Annual meeting
7 (1) The Management Corporation shall have an annual meetingeach year within three months of the end of the fiscal year of theManagement Corporation and such other regular meetings as may berequired.

(2) The Management Corporation shall, from among its members,appoint a Chairman, a Vice-chairman, a Secretary-treasurer and suchother officers as the Management Corporation from time to timeconsiders necessary or conducive in attaining its object. 1990, c. 16, s. 7.

Records and accounts
8 (1) The Management Corporation shall maintain proper recordsand accounts of all transactions, information, finances, receipts anddisbursements, revenues and expenditures, assets and liabilities and othermatters under its control.

Annual report
(2) The Management Corporation shall annually prepare and submitto the Municipality a report of its affairs, including a balance sheet,statement of revenue and expenditure and such other financial reports aswill disclose its operations and financial condition, prepared in accordance with generally accepted accounting principles consistently applied.

(3) The annual report of the Management Corporation shall be auditedin accordance with generally accepted auditing standards by a publicaccountant within the meaning of the Public Accountants Act andlicensed pursuant to that Act.

Copy of report available
(4) The Management Corporation shall make a copy of every reportprepared in accordance with subsection (2) available to any person whorequests the report on reasonable notice and on payment of a reasonablefee for production of the report. 1990, c. 16, s. 8.

Transfer of existing property
9 (1) Any right, title or interest in personal property which,immediately before the coming into force of this Act, is vested or heldin trust for the unincorporated body known as Kings RegionalRehabilitation Centre established by Order in Council 79-1537 dated thetwenty-seventh day of November, 1979, and amended the first day ofFebruary, 1988, is hereby vested in the Management Corporation.

Assumption of existing liabilities
(2) All the obligations and liabilities of the said unincorporated bodyknown as Kings Regional Rehabilitation Centre, existing immediatelybefore the coming into force of this Act, are the obligations andliabilities of the Management Corporation.

Use of Fund
(3) As long as the Kings Regional Rehabilitation Centre is being usedfor the same purposes as it was being used immediately prior to thecoming into force of this subsection, the Management Corporation mayuse money donated to the fund that, immediately prior to the coming intoforce of this subsection, was known and administered as the Bus andPool Fund, to construct a front entrance to the Kings RegionalRehabilitation Centre enabling access to the Centre by physicallyhandicapped persons, and to renovate the recreation hall in the Centre toprovide additional program space. 1990, c. 16, s. 9; 1991, c. 17, s. 1.

Winding up
10 In the event of the Management Corporation ceasing operations orwinding up, all the property, assets and undertaking of the ManagementCorporation vest in the Municipality and all the obligations and liabilitiesof the Management Corporation are obligations and liabilities of theMunicipality. 1990, c. 16, s. 10.

Financial assistance
11 (1) The Municipality has the same power to render financialassistance to the Management Corporation, including, for greatercertainty, the power to guarantee a borrowing, and the same power toraise money to render such financial assistance as the Municipality has,pursuant to the Municipal Housing Corporations Act, as amended fromtime to time to

(a) render financial assistance to a housing corporation, withinthe meaning of that Act, whose instrument of incorporation wasexecuted by the Municipality; and

(b) raise money for the purpose of rendering such financialassistance.

Powers retained
(2) Notwithstanding subsection (1), no repeal or amendment of theMunicipal Housing Corporations Act operates to abolish the powerswhich the Municipality has, from time to time, pursuant to subsection (1)or to reduce the extent of those powers. 1990, c. 16, s. 11.