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CHAPTER 304

OF THE

REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

Municipal Housing Corporations Act

Short title

1 This Act may be cited as the Municipal Housing Corporations Act. R.S., c. 304, s. 1.

Interpretation

2 In this Act,

(a) "by-laws" means by-laws of a corporation;

(b) "corporation" means a non-profit corporation wholly owned by a municipality;

(c) "Minister" means Minister of Municipal Affairs;

(d) "municipality" means a municipality to which the Municipal Act applies, a city or an incorporated town. R.S., c. 304, s. 2.

Municipal housing corporation

3 A municipality or two or more municipalities, by instrument in writing approved by resolution of the council or councils thereof and executed in a manner provided in this Act, may establish a municipal housing corporation. R.S., c. 304, s. 3.

Content of instrument of incorporation

4 (1) An instrument of incorporation shall include a statement of the name of the corporation, the number of members, the manner of their appointment, the name of the provisional chairman of the corporation and such other matters as appear to the municipality or municipalities to be advisable, and may be in the Form in the Schedule.

Execution of instrument of incorporation

(2) The instrument shall be executed on behalf of a municipality by the mayor or warden and by the clerk or by such other officers as the council authorizes or directs. R.S., c. 304, s. 4.

Certificate of incorporation

5 (1) Where an instrument of incorporation of a corporation is delivered to the Minister and the Minister is satisfied that it conforms to this Act and has been approved and executed as required by this Act, the Minister may register the instrument in his office and issue a certificate of incorporation to the corporation.

Body corporate

(2) Upon the issue of the certificate of incorporation, the corporation is constituted a body corporate under the name and in accordance with the particulars contained in the instrument of incorporation.

Evidence of incorporation

(3) A certificate of the Minister that a corporation is incorporated is conclusive evidence that the corporation is incorporated under this Act without proof of signature or office.

Delivery of certificate of incorporation

(4) The Minister shall send or deliver the certificate of incorporation to the person named in the instrument of incorporation as the provisional chairman of the corporation. R.S., c. 304, s. 5.

Notice of incorporation

6 (1) Upon receiving the certificate of incorporation, the provisional chairman shall notify the clerk of the municipality or municipalities that established the corporation and all other persons or organizations entitled to appoint members to the corporation that the corporation is established and request them to appoint to the corporation the number of members that each is entitled to appoint.

Appointment of members

(2) As soon as conveniently may be, each municipality, person and body entitled to appoint a member or members shall make the appointments and send to the provisional chairman the names and addresses of the persons so appointed.

Organizational meeting

(3) Upon receiving the names, of all persons appointed to be members of the corporation the provisional chairman shall convene an organizational meeting of the members at a place and time chosen by him. R.S., c. 304, s. 6.

Presiding officer

7 (1) The provisional chairman shall preside at the organizational meeting until the members of the corporation have chosen a chairman from among their number whereupon the provisional chairman shall relinquish the office of chairman to the person so chosen.

Term of office of member

(2) Subject to the by-laws, a member holds office until his successor is appointed.

Officers and term of office

(3) The members shall elect from among themselves a chairman, a vice-chairman, a secretary and such other officers, if any, as they consider advisable who, subject to the by-laws, hold office until their successors are elected.

Quorum

(4) Subject to the by-laws a majority of the members of the corporation constitutes a quorum. R.S., c. 304, s. 7.

Remuneration

8 Each member of the corporation shall be paid such remuneration as may be fixed by by-law and may be reimbursed by the corporation for reasonable expenses necessarily incurred by the member in performing his functions as a member. R.S., c. 304, s. 8.

Personnel

9 A corporation may appoint or engage such officials and employees and professional, scientific or technical experts and other staff as it considers advisable for the attainment of its objects or the exercise of its powers and may pay them such remuneration as the corporation from time to time determines. R.S., c. 304, s. 9.

Committees

10 Subject to the by-laws, a corporation may appoint such standing or special committees as it considers desirable for the carrying out of its objects and may prescribe their functions and powers. R.S., c. 304, s. 10.

Objects

11 The objects of the corporation are

(a) to construct, hold and manage accommodation for the aged, mentally handicapped or physically disabled or others requiring nursing or custodial care; and

(b) in combination with the objects set out in clause (a), to provide personal-care programs and rehabilitative programs for the aged, mentally handicapped or physically disabled. R.S., c. 304, s. 11.

Powers

12 A corporation may

(a) receive from any government or governmental body or agency grants of money or land and use, apply or convey them in accordance with the terms upon which they were made or for any purposes of the corporation that are not inconsistent with the grant;

(b) accept gifts, assignments, devises and bequests of real and personal property and apply them to the general purposes of the corporation or to a specific purpose of the corporation;

(c) acquire real and personal property by deed, will, gift or lease or in any other manner, and with the approval of the municipalities participating in the formation of the corporation mortgage, lease, sell or otherwise dispose of it or any part of it;

(d) borrow on the security of its real and personal property, or either of them or any part thereof, or any other security or without security such money as the corporation considers necessary and mortgage, pledge or otherwise charge its property or any part of it for the purpose of securing any money borrowed;

(e) improve, enlarge, repair, alter, equip, service, insure and maintain any building or buildings owned or leased by it;

(f) invest and deal with funds of the corporation not immediately required for its purposes in such securities and in such manner as the corporation from time to time determines;

(g) do such other acts and things as are incidental to the attainment of its objects or the exercise of its powers. R.S., c. 304, s. 12.

Execution of document

13 Subject to the provisions of this Act, a corporation may at any duly called meeting by a majority of the members present direct or authorize its chairman or vice-chairman and its secretary to make and execute under its corporate seal any deed, lease, mortgage or instrument relating to its real and personal property. R.S., c. 304, s. 13.

By-laws

14 (1) A corporation may make by-laws with respect to

(a) meetings of the corporation and committees, the method of calling those meetings, their frequency, the conduct of business at them and rules of order and proceedings at meetings;

(b) the election or appointment and term of office of members and officers of the corporation;

(c) the filling of vacancies in the corporation or in offices of the corporation;

(d) the qualifications of members and officers;

(e) vacating or terminating membership or office in the corporation;

(f) the appointment or election of standing or special committees and their functions, duties and powers;

(g) the general management, use and good government of any project or accommodation owned, held, or managed by the corporation, the medical attendants, officers and employees thereof, the discipline and admission of tenants or patients thereto, and their discharge therefrom, including all things and matters incidental to any of the matters mentioned in this clause;

(h) any matter relating to the conduct of the business and affairs of the corporation not specifically provided for in this Act.

Effective date of by-law

(2) A by-law of a corporation or an amendment or repeal of a by-law comes into force when approved by, and filed in the office of, the Minister. R.S., c. 304, s. 14.

Amendment of instrument of incorporation

15 (1) A corporation, with the approval of the council or councils of the municipality or municipalities that establish the corporation, may amend the instrument of incorporation by which it was established by changing its name, the number of its members, the manner of appointment of members or any of them.

Amendment to add municipality

(2) Where an amendment of an instrument of incorporation provides for participation by an additional municipality in the activities of a corporation or the appointment of members, the amendment is not effective unless the council of the additional municipality consents to it.

Effective date of amendment

(3) An amendment to an instrument of incorporation has effect when it is filed in the office of the Minister. R.S., c. 304, s. 15.

Annual report and financial statement

16 Not later than the first day of February of each year, each corporation shall submit to the council of each municipality that executed the instrument of incorporation or consented to an amendment to the instrument a report covering the activities of the corporation in the preceding year, together with a financial statement of the corporation for that year. R.S., c. 304, s. 16.

Grant or loan by municipality

17 (1) A municipality that executed the instrument of incorporation of a corporation or consented to an amendment to the instrument may grant or lend to or guarantee a borrowing by the corporation to assist the corporation in carrying out its objects such sums and on such terms as the council of the municipality determines.

Source of funds

(2) Any money required by a municipality for the purpose of subsection (1) may be raised, levied and collected in the same manner as money required for its ordinary purposes is raised, levied and collected or may be borrowed by the municipality pursuant to the statutes applying to the municipality and in that event the making of a grant shall be deemed to be a purpose of the municipality for the purposes of the Municipal Affairs Act. R.S., c. 304, s. 17.

Qualifications for membership

18 A person who is otherwise qualified is not disqualified from being appointed and acting as a member of a corporation by reason only of Sections 38 and 39 of the Municipal Act, or of any similar provision in any Act relating to a municipality. R.S., c. 304, s. 18.

Property held in trust

19 Any corporation incorporated under this Act shall hold all property both real and personal and the profits and income arising therefrom, acquired by it by purchase, gift, bequest or otherwise in trust for the objects and purposes for which the company may be incorporated and no part of the income of the said corporation shall be payable to or otherwise available for the personal benefit of any member thereof nor shall the company carry on any trade or business for the profit of its members. R.S., c. 304, s. 19.

SCHEDULE

Form

Municipal Housing Corporations Act

Instrument of Incorporation

The (City, Town, Municipality) of . . . . . . . . . . in the County of . . . . . . . . . . (and the (City, Town, Municipality) of . . . . . . . . . . in the County of . . . . . . . . . .) pursuant to the Municipal Housing Corporations Act hereby (establish) a municipal housing corporation for (here set out the area for which the corporation is established).

The name of the corporation is . . . . . . . . . .

The corporation consists of members who shall be appointed as follows:

(here set out the manner of appointment of members)

The provisional chairman of the corporation is . . . . . . . . . .

The objects of the corporation are

(here describe normal activities)

Executed this . . . . . . . . . . day of . . . . . . . . . . ,19. . . . . on behalf of the (City, Town, Municipality) by

in the presence of ) (City, Town, Municipality) )

. . . . . . . . . . . . . . . . . . . . . . . . ) . . . . . . . . . . . . . . . . . . . . . . . . )

) . . . . . . . . . . . . . . . . . . . . . . . .

) (Mayor, Warden)

)

) . . . . . . . . . . . . . . . . . . . . . . . .

) Clerk

R.S., c. 304, Sch.

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