(a) receive the interest earned on trust accounts and paid to it under this Act;
(b) receive any gift, grant, devise or bequest made to it from any source; and
(c) invest any portion of its funds not immediately required for its purposes.
Employment of staff
89(2) The foundation may employ such persons as it deems necessary for the administration of its affairs, and may pay their salaries or other remuneration, and any reasonable expenses incurred by them in carrying out their employment, from and out of the funds of the foundation.
Legal Aid and Law Society grants
90(1) The foundation shall pay in each fiscal year, from the total trust account interest received by the foundation under subsection 50(2) in the previous fiscal year, by such instalments as the foundation considers advisable and subject to subsection (2),
(a) to Legal Aid Manitoba, a grant in the amount of 50% of the total trust account interest, or the amount of $1,007,629., whichever is greater; and
(b) to The Law Society of Manitoba, a grant for educational purposes and for the expenses incurred in ensuring compliance by its members with subsection 50(2) in the amount of 16.67% of the total trust account interest, or the amount of $335,383., whichever is greater.
Pro rata amounts
90(2) If in any fiscal year the total trust account interest received by the foundation under subsection 50(2) in the fiscal year, after paying or allowing for the expense of administering its affairs in the current fiscal year, is insufficient to make grants in the amounts required by subsection (1), the grants shall be made in pro rata amounts.
Reports from Legal Aid and Law Society
90(3) Every year, Legal Aid Manitoba and The Law Society of Manitoba must report to the foundation on how the grant received by each of them in the previous fiscal year was used.
90(4) If in any fiscal year a sufficient balance remains in the funds of the foundation to do so, after paying or allowing for the expense of administering its affairs in that fiscal year and after making or allowing for the grants required to be made under this Act in that fiscal year, the foundation may make such other grants, consistent with its purpose, by such instalments and subject to such terms and conditions as the foundation considers advisable, and may require any recipient or proposed recipient of a grant under this subsection to submit such reports, documents or information as the foundation considers necessary.
“Fiscal year” defined
90(5) In this section, “fiscal year” means the fiscal year of the foundation.
(a) in the name and on behalf of the foundation, exercise all or any of the powers of the foundation; and
(b) make by-laws for its own procedure.
Term of office
93(1) A director shall be appointed for a term of not less than two years and not more than four years, and may be reappointed.
Appointment of successors
93(2) A director whose term of office has expired continues to hold office until a successor is appointed.
Disqualification of director
94 A director is disqualified from holding office as a director, and the office held by that director is vacated, if he or she
(a) fails to attend three consecutive regular meetings of the board, unless the board by resolution excuses one or more of the absences;
(b) was a member of the society but ceases to be a member by virtue of the application of clause 17(3)(b) (disciplinary proceedings);
(c) is found by a court to be of unsound mind; or
(d) becomes a bankrupt within the meaning of the Bankruptcy Act (Canada).
95 Any vacancy among the directors resulting from resignation, disqualification or death before a term of office expires shall be filled by a new appointment made in accordance with section 91.
96 The directors are entitled to receive, from the funds of the foundation, such remuneration for their services as the Minister of Justice approves, and reimbursement for reasonable expenses incurred in providing those services.
97 The Minister of Justice shall designate one of the directors as chairperson, to preside at meetings of the board, and another as vice-chairperson, to preside at meetings of the board in the absence of the chairperson.
98 The board shall meet at least four times in each year.
99 Six directors constitute a quorum for any meeting of the board.
Conflict of interest
100 A director who is associated with a recipient or proposed recipient of a grant from the foundation, and discloses that association to the board, may vote on any question relating to the grant, unless the director has a direct pecuniary interest in the grant.
Annual audit and report
101(1) No later than 90 days after the end of each fiscal year of the foundation, the foundation shall cause to be prepared and to be submitted to the Minister of Justice
(a) an audit of its books, records and accounts for the year; and
(b) a report of its activities and financial affairs for the year.
Tabling in Legislative Assembly
101(2) The Minister of Justice shall lay a copy of the audit and report before the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the beginning of the next sitting.
102 No action or proceeding may be commenced against a person for anything done or not done in good faith while acting or purporting to act on behalf of the foundation under this Act.
Corporations Act does not apply
103The Corporations Act does not apply to the foundation.
The Law Society of Manitoba
200 – 260 St. Mary Ave.
Winnipeg, Manitoba, R3C 0M6