AR 70/2009 ALBERTA CANCER FOUNDATION REGULATION (Consolidated up to 50/2015)
ALBERTA REGULATION 70/2009
Regional Health Authorities Act
ALBERTA CANCER FOUNDATION REGULATION
Table of Contents
3 Foundation bylaws
4 Corporate status 5 Board members
6 Term of office
7 Board chair
9 Powers and duties
10 Operational bylaws
11 Fiscal year
15 Transfer of property
19 Coming into force
1 In this Regulation,
(a) “Act” means the Regional Health Authorities Act;
(b) “board” means the board of the Foundation;
(c) “Foundation” means the Alberta Cancer Foundation continued under the Health Governance Transition Act;
(d) “relevant regional health authority” means Alberta Health Services unless another regional health authority is designated by the Minister for the purpose of this Regulation.
2 The objects of the Foundation are
(a) to solicit and receive by gift, bequest, devise, transfer or otherwise, property of every nature and description, and
(b) subject to any prior trust conditions imposed on the use of the property, to hold, use and administer the property generally for advancing
(i) the prevention, detection and diagnosis of cancer,
(ii) the treatment and care of cancer patients, and
(iii) cancer research.
3(1) Notwithstanding subsection (3), the bylaws made under section 42 of the Cancer Programs Act apply until bylaws are made under this section.
(2) Within 6 months after this section comes into force, the relevant regional health authority must review the bylaws referred to in subsection (1) and must submit to the Minister bylaws that include provisions on each matter set out in subsection (3).
(3) The bylaws of the Foundation must contain the following provisions:
(a) subject to section 5(1), the number of voting members on the board set out as being within a range of numbers or up to a maximum number;
(b) the qualifications and other eligibility requirements for becoming and remaining a member of the board;
(c) the requirement for the establishment of a process by which the Foundation consults annually with the relevant regional health authority respecting specific purposes and effects of fundraising, approved by the board;
(d) the requirement for the establishment of the business operating rules respecting accumulation and disbursement of annual surpluses, approved by the board;
(e) the requirement for annual approval by the board of any fundraising and financial plans;
(f) the requirement for the establishment and maintenance of effective internal controls and procedures, including borrowing and investing practices, approved by the board.
(4) The bylaws and any amendments to the bylaws must be written so as to ensure that the Foundation’s funds that were accumulated, acquired or pledged before the date of the bylaws will be used solely, in accordance with any applicable trust conditions, to carry out the objects of the Foundation as they existed immediately before that date.
(5) Bylaws submitted under this section have no effect unless they are approved by the Minister.
(6) On receiving bylaws submitted under this subsection, the Minister may
(a) approve the bylaws as submitted,
(b) reject the bylaws, or
(c) refer the bylaws back to the relevant regional health authority to take further action directed by the Minister and to resubmit the bylaws.
(7) If there is a conflict between the bylaws and the Act, a regulation under the Act or an enactment that is made applicable by a regulation under the Act, then the Act, regulation or enactment prevails.
4 The Foundation is not a trust corporation for the purposes of the Loan and Trust Corporations Act.
5(1) The voting members of the board are appointed by the relevant regional health authority, as provided for in the bylaws, but there must be not fewer than 5 voting members on the board.
(2) In addition to the voting members appointed to the board, the relevant regional health authority may appoint persons as non‑voting members of the board.
(3) At least one voting member of the board must be a member of the public who is not a member of the relevant regional health authority.
(4) The voting members of the board, other than persons who are members of a regional health authority, must be chosen from
(a) a list of persons nominated by the board,
(b) a list of persons compiled by the relevant regional health authority pursuant to a public nomination or appointment process implemented by the relevant regional health authority, or
(c) a combination of both lists described in clauses (a) and (b).
(5) The trustees of the Alberta Cancer Foundation on the date this Regulation comes into force continue as members of the board under this Regulation until the end of their terms or until they are replaced under subsection (1) as members by the relevant regional health authority, whichever occurs first.
Term of office
6 The term of a member of the board appointed under this Regulation must not exceed 3 years and the member is eligible for reappointment for additional terms.
7(1) The voting members of the board must choose a person as chair of the board from among themselves.
(2) The chair of the Alberta Cancer Foundation on the date this Regulation comes into force continues as chair until a chair is appointed under subsection (1).
8(1) No person is eligible to be or remain a voting member of the board unless that person is ordinarily resident in Alberta.
(2) The relevant regional health authority may, by written notice, terminate the appointment of a member of the board if the member
(a) ceases to be ordinarily resident in Alberta, in the case of a voting member, or
(b) ceases to meet any of the qualifications or other eligibility requirements for membership set out in the bylaws.
Powers and duties
9(1) The Foundation may, in order to carry out its objects, solicit and receive real and personal property.
(2) The Foundation must adhere to any trust conditions attaching to any real and personal property that it has received.
(3) The Foundation must
(a) carry on its business without the purpose of gain of its board members and shall not pay dividends to its board members, and
(b) apply the profits, if any, and other income of the Foundation to carry out the purposes of the Foundation.
(4) The Foundation may enter into any contracts and do all other things that may be necessary, desirable or expedient to carry out its purposes.
(5) The board may, at any time, delegate any of its powers to committees consisting of any of the members of the board and of any other persons as the board considers advisable.
(6) Any committee established under subsection (5) must, in the exercise of the powers delegated to it, conform and be subject to the direction and control of the board.
10 The Foundation may make bylaws respecting the conduct of the business and affairs of the Foundation that are consistent with the Act, this Regulation and the bylaws under section 3 respecting the Foundation.
11 The fiscal year of the Foundation is from April 1 to the next following March 31.
12 The board must meet at least once a year on a date determined in accordance with the bylaws under section 10 or on a date fixed by the chair of the board.
13 Members of the board are not entitled to remuneration for acting as members but the board may authorize payment of disbursements properly incurred by a member in the course of carrying out the duties of a member.
14(1) In this section, “gross contributions” means gross contributions within the meaning of the Charitable Fund‑raising Regulation (AR 108/2000).
(2) Following the end of each fiscal year by the date specified by the Minister, but not later than July 31 following each fiscal year, the Foundation must have prepared and submitted to the relevant regional health authority and to the Minister an annual report that includes
(a) financial statements for the previous fiscal year
(i) that are audited if the gross contributions received by the Foundation in that year were $250 000 or more, or
(ii) that are in a form satisfactory to the Minister if the gross contributions received by the Foundation in that year were less than $250 000,
(b) any other information specified by the Minister in a notice in writing to the Foundation.
(3) The Foundation must, on the written request of the Minister, forward to the Minister records, reports and returns as specified by the Minister in the request.
(4) The Minister may issue to the Foundation written directives respecting the form, content and timing of any information to be provided under subsection (2).
(5) The Foundation must submit the financial statements approved by its board to the relevant regional health authority and to the Minister not later than June 15 immediately following each fiscal year.
Transfer of property
15 The Foundation may, subject to compliance with prior trust conditions, transfer any of its property to the relevant regional health authority.
16(1) The Minister may order that the Foundation be wound up in any of the following circumstances:
(a) on the request of the Foundation or of the relevant regional health authority;
(b) if the Foundation contravenes the Act, a regulation under the Act or any order or direction of the Minister;
(c) if the relevant regional health authority ceases to exist;
(d) if the Minister is satisfied that the Foundation is inactive;
(e) if the Minister is satisfied that the Foundation is not carrying out its objects.
(2) The Foundation may not be wound up except by an order of the Minister under this section.
(3) If the Minister orders that the Foundation be wound up,
(a) the Minister must, subject to subsection (4), take measures that the Minister considers necessary to give effect to the order and, for that purpose, has all the power and authority to act as if the Minister were the Foundation, and
(b) the members of the board may not exercise any of their powers or authority except under the direction of the Minister.
(4) If the Foundation is wound up, the property of the Foundation must be used
(a) firstly, in the payment of any costs incurred in the winding‑up of the Foundation,
(b) secondly, to discharge all liabilities of the Foundation, and
(c) thirdly, to give effect, as far as possible, to any outstanding applicable trust conditions
and the balance, if any, must be transferred
(d) to a successor foundation, if there is one in the opinion of the Minister,
(e) if there is no successor foundation, to the relevant regional health authority for the benefit of the facility, program or community that benefited from the Foundation, as determined by the Minister, or
(f) if there is no successor foundation and no relevant regional health authority, to another person in Alberta that is a registered charity or qualified donee under the Income Tax Act (Canada) and has objects or purposes similar to the objects of the Foundation, as determined by the Minister.
17 The Alberta Cancer Foundation Regulation (AR 245/98) is repealed.
18 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2018.
AR 70/2009 s18;50/2015
Coming into force
19 This Regulation comes into force on the coming into force of section 5(3) of the Health Governance Transition Act.