PERSONS WITH DEVELOPMENTAL DISABILITIES FOUNDATION ACT

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1 Province of Alberta PERSONS WITH DEVELOPMENTAL DISABILITIES FOUNDATION ACT Revised Statutes of Alberta 2000 Current as of January 1, 2002 Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: qp@gov.ab.ca Shop on-line at

2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this document are reminded that it has no legislative sanction. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Persons with Developmental Disabilities Foundation Act that are filed as Alberta Regulations under the Regulations Act. Alta. Reg. Amendments Persons with Developmental Disabilities Foundation Act Persons with Developmental Disabilities Foundation Winding-up...54/2002

3 PERSONS WITH DEVELOPMENTAL DISABILITIES FOUNDATION ACT 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 cp-4.07 s1;1997 c18 s22

4 PERSONS WITH DEVELOPMENTAL RSA 2000 Section 2 DISABILITIES FOUNDATION ACT 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 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 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 cp-4.07 s4;1997 c18 s22 Agent of Crown 5 The Foundation is an agent of the Crown in right of Alberta 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. 2

5 PERSONS WITH DEVELOPMENTAL RSA 2000 Section 7 DISABILITIES FOUNDATION ACT (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 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 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 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 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 3

6 PERSONS WITH DEVELOPMENTAL RSA 2000 Section 11 DISABILITIES FOUNDATION ACT Foundation may consider such directions and wishes when the Foundation is carrying out its purposes 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 cp-4.07 s11 Fiscal year 12 The fiscal year of the Foundation is April 1 to the following March 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 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 cp-4.07 s14 4

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