Métis Nation of Ontario Secretariat Act, 2015

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Sections24

• 1Definitions

  1 In this Act, “by-laws” means the by-laws of the Secretariat; (“règlements administratifs”) “citizen” means a member of the Secretariat; (“citoyen”) “councillor” means, except as otherwise provided in section 9, a director of the Secretariat; (“conseiller”) “Métis Community Council” means a corporation without share capital that, (a) has the Secretariat as its sole member, (b) contains “Métis Community Council” or “Conseil communautaire métis” within its corporate name, and (c) is prescribed by regulations made under subsection 16 (2); (“conseil communautaire métis”) “Provisional Council” means the Provisional Council of the Métis Nation of Ontario, being the board of directors of the Secretariat; (“conseil provisoire”) “Secretariat” means the corporation without share capital incorporated on February 25, 1994 by letters patent under the Corporations Act under the name Métis Nation of O…

• 2

  2 The Not-for-Profit Corporations Act, 2010 applies to the Secretariat, except as otherwise provided under this Act. 2015, c. 39, s. 17. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 17 - 19/10/2021

• 30.
• 3Notice to Minister

  3 The Secretariat shall notify the Minister responsible for the administration of this Act when an application to file articles is made under the Not-for-Profit Corporations Act, 2010 in relation to, (a) the Secretariat; (b) a Métis Community Council; or (c) a body that, if incorporated, proposes, with the Secretariat’s written consent, to include within its corporate name the expression “Métis Community Council” or “Conseil communautaire métis”. 2015, c. 39, s. 3, 18. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 18 - 19/10/2021

• 3.1Councillors must be citizens

  3.1 Despite subsection 23 (2) of the Not-for-Profit Corporations Act, 2010, no person shall be a councillor unless he or she is a citizen. 2015, c. 39, s. 19. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 19 - 19/10/2021

• 4Election of councillors

  4 (1) Councillors shall be elected by citizens every four years, and the elections shall be by province-wide ballot. 2015, c. 39, s. 4 (1). Same (2) For the purposes of subsection (1), the requirement in subsection 24 (1) of the Not-for-Profit Corporations Act, 2010 that the election take place in an annual meeting does not apply. 2015, c. 39, s. 20. Exception, 2020 election (3) Despite subsection (1), the election scheduled to be held in 2020 shall be held no later than the 90th day after the date on which the emergency declared by Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act is terminated or disallowed. 2020, c. 7, Sched. 12, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 20 - 19/10/2021 2020, c. 7, Sched. 12, s. 1 - 17/03/2020

• 5Removal of councillors

  5 (1)-(3) Repealed: 2015, c. 39, s. 21. Quorum to remove councillor (4) The quorum for a special meeting to remove a councillor is a majority of the citizens entitled to vote to remove the councillor. 2015, c. 39, s. 5 (4). Section Amendments with date in force (d/m/y) 2015, c. 39, s. 21 - 19/10/2021

• 6Youth representatives

  6 (1) A person who, while under the age of 18, is elected by the citizens in accordance with the by-laws to represent, on the Provisional Council, the interests of young people for a specified term is not a councillor, does not hold any of the rights, powers, duties or liabilities of a councillor, and is not entitled to exercise a binding vote on any matter before the Provisional Council or any of its committees. Application (2) Subsection (1) applies for the duration of the person’s term, even if he or she reaches the age of 18 during the term.

• 7Requisition for meeting

  7 Despite subsection 60 (1) of the Not-for-Profit Corporations Act, 2010, a requisition that the councillors hold a meeting requires that the citizens who hold at least 20 per cent of votes that may be cast at the meeting sought to be held make the request. 2015, c. 39, s. 22. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 22 - 19/10/2021

• 8List of citizens

  8 For the purposes of clause 96 (5) (c) of the Not-for-Profit Corporations Act, 2010, matters that do not relate to the affairs of the Secretariat include, (a) forming a body with objects similar to those of the Secretariat or establishing a registry of Aboriginal persons; (b) challenging the eligibility of any person to be a citizen; and (c) soliciting citizens on behalf of another body. 2015, c. 39, s. 22. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 22 - 19/10/2021

• 8.1Copies of annual financial statements, etc.

  8.1 Subsection 84 (2) of the Not-for-Profit Corporations Act, 2010 applies to the Secretariat, except that the copies of the documents shall be provided not less than five days, excluding Saturdays and holidays, before the annual meeting or signing of a resolution. 2015, c. 39, s. 22. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 22 - 19/10/2021

• 8.2Notice to citizens, councillors

  8.2 The by-laws may provide that a notice or other document may or shall be given by the Secretariat to a citizen or councillor in a manner other than a manner specified in subsection 196 (1) of the Not-for-Profit Corporations Act, 2010. 2015, c. 39, s. 22. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 22 - 19/10/2021 Métis Community Councils

• 9Definition

  9 For the purposes of sections 10 to 14.1, “councillor” means a director of a Métis Community Council. 2015, c. 39, s. 9, 23. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 23 - 19/10/2021 Not-for-Profit Corporations Act, 2010

• 10

  10 The Not-for-Profit Corporations Act, 2010 applies to Métis Community Councils, except as otherwise provided under this Act. 2015, c. 39, s. 10, 24. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 24 - 19/10/2021

• 11Repealed

  11 Repealed: 2015, c. 39, s. 25. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 25 - 19/10/2021

• 12Councillors must be citizens

  12 No person shall be a councillor unless he or she is a citizen. 2015, c. 39, s. 26. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 26 - 19/10/2021

• 13Written declarations restricting councillors

  13 (1) The Secretariat may, in its capacity as the sole member of a Métis Community Council, make a written declaration that restricts, in whole or in part, the powers of the councillors of the Métis Community Council to manage or supervise the management of its activities and affairs. 2015, c. 39, s. 13 (1). Effect of written declaration (2) If the Secretariat makes a written declaration under subsection (1) in relation to a Métis Community Council, (a) the Secretariat has all the rights, powers, duties and liabilities of a councillor under the Not-for-Profit Corporations Act, 2010, this Act or otherwise, including any defences available to the councillors, to the extent that the declaration restricts the powers of the councillors to manage or supervise the management of the Métis Community Council’s activities and affairs and gives the Secretariat such powers; and (b) the councillors o…

• 14Youth representatives

  14 (1) A person who, while under the age of 18, is appointed by the Secretariat, in its capacity as the sole member of a Métis Community Council, in accordance with the by-laws of the Métis Community Council to represent, on the Métis Community Council’s board, the interests of young people for a specified term is not a councillor, does not hold any of the rights, powers, duties or liabilities of a councillor, and is not entitled to exercise a binding vote on any matter before the board or any of its committees. Application (2) Subsection (1) applies for the duration of the person’s term, even if he or she reaches the age of 18 during the term.

• 14.1Notice to councillors

  14.1 The by-laws of a Métis Community Council may provide that a notice or other document may or shall be given by it to a councillor in a manner other than a manner specified in subsection 196 (1) of the Not-for-Profit Corporations Act, 2010. 2015, c. 39, s. 28. Section Amendments with date in force (d/m/y) 2015, c. 39, s. 28 - 19/10/2021 Prohibition

• 15Prohibition respecting corporate names

  15 (1) Use by a corporation of any of the following expressions, either within its corporate name or any other name by which the corporation is known, is prohibited without the Secretariat’s written consent: 1. Métis Nation of Ontario. 2. Métis Community Council. 3. Nation métisse de l’Ontario. 4. Conseil communautaire métis. Transition (2) This section applies only to corporations incorporated on or after the day on which this section comes into force. Regulations Regulations

• 16By Lieutenant Governor in Council

  16 (1) The Lieutenant Governor in Council, on the joint recommendation of the Minister responsible for the administration of this Act and the Minister responsible for the administration of the Not-for-Profit Corporations Act, 2010, may make regulations, (a) providing for further exemptions from or alterations to the application of the Not-for-Profit Corporations Act, 2010 or the regulations made under it to the Secretariat or to Métis Community Councils; (b) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable for the purposes of this Act. 2015, c. 39, s. 16 (1), 29. By Minister (2) The Minister responsible for the administration of this Act may make regulations prescribing corporations without share capital for the purposes of clause (c) of the definition of “Métis Community Council” in section 1. 2015, c. 39, s. 16 (2). Section Amendments with …

• 17

  17-29 Omitted (provides for amendments to this Act).

• 30

  30 Omitted (provides for coming into force of provisions of this Act).

• 31

  31 Omitted (enacts short title of this Act). ______________