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PERSONS WITH DEVELOPMENTAL DISABILITIES FOUNDATION ACT

PERSONS WITH DEVELOPMENTAL DISABILITIES FOUNDATION ACT

Chapter P‑9

Table of Contents

                1       Definitions

                2       Continuation of Foundation

                3       Purposes of Foundation

                4       Directions by Minister

                5       Agent of Crown

                6       Board of trustees

                7       Remuneration and expenses

                8       Bylaws

                9       Funds of Foundation

              10       Directions of donor

              11       Liability

              12       Fiscal year

              13       Annual report

              14       Lieutenant Governor in Council regulations


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                                 (a)    “Foundation” means the Persons with Developmental Disabilities Foundation;

                                 (b)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act.

1996 cP‑4.07 s1;1997 c18 s22

Continuation of Foundation

2(1)  The Services to Persons with Disabilities Foundation is continued as a corporation with the name “Persons with Developmental Disabilities Foundation”.

(2)  The Foundation has the capacity and, subject to this Act and the regulations, the rights, powers and privileges of a natural person.

(3)  The Foundation may not enter into any transaction, directly or indirectly, to borrow money.

1996 cP‑4.07 s2;1997 c18 s22

Purposes of Foundation

3(1)  The purposes of the Foundation are to undertake, support and promote activities that will enhance the quality of life of persons with developmental disabilities in Alberta.

(2)  In carrying out its purposes, the Foundation may, subject to the regulations, solicit and raise funds for capital projects, pilot projects or research.

1996 cP‑4.07 s3;1997 c18 s22

Directions by Minister

4   The Minister may give directions to the Foundation for the purposes of

                                 (a)    providing priorities and guidelines for the Foundation to follow in carrying out its purposes, and

                                 (b)    co-ordinating the work of the Foundation with the programs, policies and work of the Government and public and private bodies in order to achieve the effective and efficient provision of services to persons with developmental disabilities and to avoid duplication of effort and expense.

1996 cP‑4.07 s4;1997 c18 s22

Agent of Crown

5   The Foundation is an agent of the Crown in right of Alberta.

1996 cP‑4.07 s5

Board of trustees

6(1)  The Foundation consists of a board of not more than 9 trustees appointed by the Minister.

(2)  A trustee must be a resident of Alberta.

(3)  A trustee may be appointed for a term not exceeding 3 years, and may be reappointed for terms not exceeding 3 years each.

(4)  A trustee continues to hold office after the expiry of that trustee’s term of office until the trustee is reappointed, a successor is appointed or a period of 3 months has expired, whichever occurs first.

(5)  The chair of the board of trustees is to be appointed by the Minister.

1996 cP‑4.07 s6

Remuneration and expenses

7(1)  The board of trustees may, by resolution, authorize the Foundation to pay to its trustees out of the funds of the Foundation remuneration and travelling, living and other expenses incurred in the course of their duties as trustees.

(2)  Any remuneration or expenses authorized to be paid under subsection (1) must be paid at a rate established by the regulations.

1996 cP‑4.07 s7

Bylaws

8(1)  Subject to this Act and the regulations, the Foundation may make bylaws respecting the conduct of the business and affairs of the Foundation.

(2)  A bylaw does not become effective until it is approved by the Minister.

(3)  The Regulations Act does not apply to the bylaws of the Foundation.

1996 cP‑4.07 s8

Funds of Foundation

9(1)  Money received by the Foundation from any source constitutes the funds of the Foundation.

(2)  The income of the funds of the Foundation accrues to and forms part of those funds.

(3)  Expenditures made by the Foundation must be paid from the funds of the Foundation.

1996 cP‑4.07 s9

Directions of donor

10   The Foundation is not bound by the directions or wishes of a donor of money or other property to the Foundation, but the Foundation may consider such directions and wishes when the Foundation is carrying out its purposes.

1996 cP‑4.07 s10

Liability

11   A trustee is not personally liable for anything done or omitted to be done by the trustee in good faith in the exercise or purported exercise of a power under this Act, the regulations or the bylaws.

1996 cP‑4.07 s11

Fiscal year

12   The fiscal year of the Foundation is April 1 to the following March 31.

1996 cP‑4.07 s12

Annual report

13(1)  The Foundation must prepare and submit to the Minister an annual report for the preceding fiscal year in a form and at a time acceptable to the Minister.

(2)  The following information must be included in an annual report:

                                 (a)    the audited financial statements of the Foundation;

                                 (b)    any other information required by the Minister.

1996 cP‑4.07 s13

Lieutenant Governor in Council regulations

14   The Lieutenant Governor in Council may make regulations

                                 (a)    restricting and regulating the Foundation’s exercise of its powers;

                                 (b)    establishing the rates of remuneration and expenses for the purposes of section 7;

                                 (c)    prohibiting the Foundation from accepting a gift that

                                           (i)    is in an amount, or

                                          (ii)    is valued at an amount

                                          that is less than an amount determined in accordance with the regulations;

                                 (d)    respecting the winding‑up of the Foundation.

1996 cP‑4.07 s14