Bill 94, Thistletown Centre Foundation Act, 1998

Versions

B094_E

Bill 94 1998

An Act to maintain the Thistletown Centre Foundation

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Foundation maintained

1. (1) The body known as the Thistletown Regional Centre is continued as a corporation without share capital under the name in English of the Thistletown Centre Foundation and in French of Fondation du centre Thistletown.

Composition

(2) The Foundation is composed of the members of its board of directors.

Corporations Act

(3) The Corporations Act does not apply to the Foundation, except as provided by the regulations made under this Act.

Corporations Information Act

(4) The Corporations Information Act does not apply to the Foundation.

Crown agency

2. The Foundation is for all its purposes an agent of Her Majesty and may exercise its powers only as an agent of Her Majesty.

Objects

3. The objects of the Foundation are,

(a) to establish and maintain a facility for diagnosing and treating children and young adults who suffer from mental health problems or related physical problems or who are at risk of suffering from those mental health or physical problems;

(b) to undertake research into the diagnosis and treatment of the children and young adults described in clause (a) and the problems described in that clause;

(c) to provide information to the public and to persons who receive treatment at the facility described in clause (a) about the problems described in that clause;

(d) to recommend to the Minister of Community and Social Services programs for diagnosing and treating the children and young adults described in clause (a); and

(e) to solicit, receive, manage, transfer and distribute real and personal property to support any of the objects described in clauses (a) to (d).

Powers

4. (1) Subject to this section, the Foundation has all the capacity and powers of a natural person for the purpose of carrying out its objects.

Agreements

(2) Subject to the approval of the Lieutenant Governor in Council, the Foundation may make agreements with universities, medical and mental health associations, hospitals, associations and persons for the purpose of carrying out its objects.

Revenues and investments

(3) Despite section 2 of the Financial Administration Act, the revenues and investments of the Foundation do not form part of the Consolidated Revenue Fund.

Use of money received

(4) The Foundation may use the money and other property that it receives for the purpose of carrying out its objects, subject to the terms under which the money or property was given to the Foundation.

Investing

(5) The Foundation may not invest its money unless,

(a) the investment is one which a trustee may make under section 26 or 27 of the Trustee Act\; or

(b) the Minister of Finance has approved the investment.

Borrowing

(6) The Foundation may not borrow money and give security against its property except with the approval of the Lieutenant Governor in Council and on the terms approved by the Minister of Finance.

Collection of personal information

(7) The Foundation may collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act for the purpose of carrying out its objects.

Liability insurance

(8) The Foundation may purchase and maintain insurance for its benefit against any liability that it incurs with respect to its real and personal property.

Board of directors

5. (1) The affairs of the Foundation are under the control and management of its board of directors.

Composition

(2) The board of directors shall be composed of not fewer than seven and no more than 15 members appointed by the Lieutenant Governor in Council.

Representativeness of members

(3) In appointing members, the Lieutenant Governor in Council shall ensure that each member is a member of a College of a health profession within the meaning of the Regulated Health Professions Act, 1991 or represents the medical faculty of a university in Ontario or the community of persons that the Foundation is required by its objects to serve.

Term of office

(4) The members of the board shall hold office for a term of not less than three years and not more than five years as the Lieutenant Governor in Council determines in their appointment and may be reappointed.

Vacancy

(5) If a member of the board dies or is unable or unwilling to act, the Lieutenant Governor in Council shall appoint a replacement for the remainder of the term of office.

Remuneration

(6) The members of the board shall not receive any remuneration, but the Foundation may reimburse members of the board for their reasonable expenses.

Chair

(7) The Minister of Community and Social Services shall designate one of the members of the board as the chair of the board and may designate another member as the vice-chair of the board.

Duty of chair

(8) The chair shall preside over all meetings of the board.

Acting chair

(9) If the chair is absent or unable to act or if the office is vacant, the vice-chair shall exercise and perform the powers and duties of the chair.

Quorum

(10) A majority of the members of the board constitutes a quorum.

By-laws

6. (1) Subject to the approval of the Lieutenant Governor in Council, the board may make the by-laws and rules that it considers advisable for administering the affairs of the Foundation, including by-laws to establish committees of the board and to appoint officers.

Committees

(2) A by-law establishing a committee of the board may delegate to the committee the powers and duties of the board that are specified in the by-law.

Policy directives

7. (1) With the approval of the Lieutenant Governor in Council, the Minister of Community and Social Services may issue policy directives on matters relating to the Foundation's exercise of its powers and duties.

Consultation

(2) Before issuing a policy directive, the Minister shall consult with the board of directors of the Foundation with respect to the content and effect of the directive on the Foundation.

Notice

(3) Upon issuing a policy directive, the Minister shall cause it to be published in The Ontario Gazette and shall give or cause to be given notice of the directive to all members of the Assembly.

Best interests

(4) Compliance with a policy directive shall be deemed to be in the best interests of the Foundation.

Implementation

(5) The members of the board of directors shall ensure that the Foundation implements the policy directives promptly and efficiently.

Power

(6) The Foundation may do all things that in its opinion are necessary, usual or incidental to the furtherance of the objectives set out in a policy directive.

Employees

8. (1) The Foundation may,

(a) establish positions, salaries, benefits and other remuneration for the persons that the board of directors of the Foundation considers necessary for the proper conduct of the affairs of the Foundation;

(b) employ or contract for the services of the persons mentioned in clause (a); and

Directors

(2) A person mentioned in clause (1) (a) may include a member of the board of directors of the Foundation.

No Crown employees

(3) A person whom the Foundation employs or for whose services the Foundation contracts shall not be deemed to be a Crown employee.

No personal liability

9. (1) No action or other proceeding for damages may be instituted against a member or former member of the board of directors of the Foundation or a person appointed to the service of the Foundation for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.

Accounting

10. (1) The Foundation shall establish and maintain an accounting system satisfactory to the Minister of Community and Social Services.

Auditors

(2) The board of directors of the Foundation shall appoint one or more auditors licensed under the Public Accountancy Act to audit the accounts and financial transactions of the Foundation annually.

Other auditors

(3) In addition to the auditors mentioned in subsection (2), the Provincial Auditor and one or more auditors licensed under the Public Accountancy Act and appointed by the Lieutenant Governor in Council may audit the accounts and financial transactions of the Foundation.

Financial year

11. (1) The financial year of the Foundation begins on April 1 in each year and ends on March 31 in the following year.

Annual report

(2) Following the end of each financial year, the Foundation shall make an annual report to the Minister of Community and Social Services on the affairs of the Foundation.

Financial statement

(3) The annual report shall include an audited financial statement.

Tabling

(4) The Minister shall submit the annual report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.

Other reports

(5) The Foundation shall submit to the Minister of Community and Social Services all reports, other than the annual report, that the Minister may require.

Regulations

12. The Lieutenant Governor in Council may make regulations,

(a) making a provision of the Corporations Act applicable to the Foundation;

(b) authorizing the Foundation to collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act in a manner other than directly from the individual to whom the information relates, and regulating the manner in which the information is collected.

Commencement

13. This Act comes into force on the day it receives Royal Assent.

Short title

14. The short title of this Act is the Thistletown Centre Foundation Act, 1998.

EXPLANATORY NOTE

The Bill continues the Thistletown Regional Centre as a Crown agency and a corporation without share capital under the name in English of the Thistletown Centre Foundation and in French of Fondation du centre Thistletown.

The objects of the Foundation are mainly to establish and maintain a facility for diagnosing and treating children and young adults who suffer from mental health problems or related physical problems or who are at risk of suffering from those mental health or physical problems and to raise funds for the facility.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.