The Travel Manitoba Act

The Travel Manitoba Act, C.C.S.M. c. T150 (Assented to June 10, 2004) bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions TRAVEL MANITOBA ESTABLISHED 2 Travel Manitoba established 3 Purposes of Travel Manitoba 4 General powers 5 Further information for minister 6 Crown corporation BOARD OF DIRECTORS 7 Board of directors 8 Chair and vice-chair 9 Duties of directors 10 By-laws 11 Meetings STAFF 12 Chief executive officer 13 Appointment of staff 14 Application of Civil Service Superannuation Act FINANCIAL MATTERS 15 Grants from government 16 Borrowing authority 17 Fiscal year 18 Business plan 19 Audit ANNUAL REPORT 20 Annual report 21 Tabling of report in Assembly GENERAL 22 Regulations 23 Repeal 24 C.C.S.M. reference 25 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS Definitions 1 The following definitions apply in this Act. "board" means the board of directors of Travel Manitoba. (« conseil ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») TRAVEL MANITOBA ESTABLISHED Travel Manitoba established 2(1) "Travel Manitoba" is hereby established as a corporation, consisting of the directors of the board appointed by the Lieutenant Governor in Council in accordance with section 7. Corporations Act not applicable 2(2) The Corporations Act does not apply to Travel Manitoba. Purposes of Travel Manitoba 3 The purposes of Travel Manitoba are to foster development, growth and diversity in the tourism industry in Manitoba. In particular, Travel Manitoba is responsible for (a) marketing Manitoba as a desirable tourist destination; (b) providing appropriate visitor and information services; (c) stimulating the productivity, development and growth of persons, businesses and organizations engaged in the tourism industry; (d) enhancing the quality, competitiveness and marketing of tourism products and services; (e) encouraging, participating in and co-operating in consultations and undertakings with (i) persons, businesses, organizations or agencies, and (ii) the government of Manitoba or other governments, which have a purpose or any duties related to those of Travel Manitoba; (f) enhancing public awareness of tourism; (g) promoting the training, development and employment of persons involved in the tourism industry; (h) carrying out any other functions assigned by the minister. General powers 4(1) Travel Manitoba has all the powers necessary or desirable to carry out its purposes, including, but not limited to, the following powers: (a) to establish and administer policies and programs that provide financial or other assistance or services to the tourism industry by way of grants, or any other form of incentive or assistance, on any terms and conditions that Travel Manitoba considers appropriate; (b) to disseminate information about its policies, programs, services and activities; (c) to advise on, promote, assist in and undertake research, studies and activities related to the tourism industry; (d) subject to any regulations, to set fees or charges, or determine the manner in which they are to be set, for the services and programs it provides; (e) to acquire and hold any interest in real or personal property and to sell, mortgage, lease, or otherwise deal with or dispose of any interest in real or personal property; (f) to make banking arrangements; (g) to deposit its funds in a bank, credit union, trust company or similar financial institution and, with the approval of the Minister of Finance, (i) to invest funds not immediately required in the manner in which public money may be invested under The Financial Administration Act , and (ii) to dispose of those investments; (h) to receive and expend money; (i) to give security for the repayment of money borrowed under section 16; (j) to act as trustee of any money or other property that it receives in trust for any purpose; (k) to enter into agreements with governments, public and private organizations and agencies, and individuals. Limit on expenditures 4(2) Except with the written approval of the minister, Travel Manitoba must not make any expenditure or expenditure commitment beyond the financial limits set by its business plan under section 18. Further information for minister 5 Travel Manitoba must provide the minister with any financial or other information that the minister may request, at the time and in the manner specified by the minister. Crown corporation 6 Travel Manitoba is an agent of the Crown. BOARD OF DIRECTORS Board of directors 7(1) The board of directors is to consist of not fewer than nine and not more than fifteen directors appointed by the Lieutenant Governor in Council. Directors representing government 7(2) Three directors are to be appointed to represent the government. Other directors 7(3) In appointing the remaining directors, the Lieutenant Governor in Council is to consider (a) the public interest and the cultural diversity of the population of Manitoba, including the aboriginal and francophone populations; (b) rural, urban and regional interests; (c) provincial and regional organizations with an interest in tourism; (d) the diverse interests within the tourism industry, including the accommodation sector, the transportation sector, tour operators, restaurants, festivals and events, and natural and cultural attractions; and (e) recommendations of the board and the tourism industry. Term of office 7(4) A director is to be appointed for the term fixed in the order appointing the director, which may not exceed three years, and no director may serve more than six years in consecutive terms. Appointment continues 7(5) A director continues to hold office until he or she is reappointed, the appointment is revoked or a successor is appointed. Vacancy 7(6) The Lieutenant Governor in Council may fill a vacancy on the board by appointing a person to fill the unexpired term of a former director, and an appointment to the unexpired term is not to be considered a term of office for the purpose of subsection (4). S.M. 2015, c. 43, s. 59 . Appointment of chair and vice-chair 8(1) After consulting with the board, the Lieutenant Governor in Council is to appoint one of the directors as chair of the board and one as vice-chair. Function of vice-chair 8(2) The vice-chair has the authority of the chair when the chair is absent or unable to act, or when authorized by the chair. Interim chair 8(3) In the absence or incapacity of the chair or vice-chair, or if there is a vacancy in either of those offices, the board may designate one of the directors as the chair or vice-chair on an interim basis. Duties of directors 9 A director must (a) act honestly and in good faith with a view to the best interests of Travel Manitoba; and (b) exercise the care, diligence and skill that a reasonable and prudent person should exercise in comparable circumstances. By-laws 10 The board must make by-laws respecting the conduct and management of its activities, including by-laws establishing a code of ethics and a conflict of interest policy for the directors and employees of Travel Manitoba. Meetings 11 The board must meet at least four times a year. STAFF Chief executive officer 12(1) The board is to appoint a person other than a director to be the chief executive officer of Travel Manitoba. Duties of CEO 12(2) The chief executive officer must carry out the functions and duties that the board specifies. He or she may attend meetings of the board but is not entitled to vote. Appointment of staff 13(1) The board or, if authorized by the board, the chief executive officer may, in accordance with the policies and procedures established under subsection (2), (a) appoint employees necessary to carry on the activities of Travel Manitoba; and (b) define their duties and the terms and conditions of their employment. Policies and procedures re employment 13(2) The board must establish policies and procedures for the purpose of clauses (1)⁠(a) and (b). Application of Civil Service Superannuation Act 14 The employees of Travel Manitoba are employees within the meaning of The Civil Service Superannuation Act . FINANCIAL MATTERS Grants from government 15 The Minister of Finance, on the requisition of the minister, may make grants to Travel Manitoba out of money appropriated by the Legislature for that purpose. Borrowing authority 16(1) Travel Manitoba may borrow money, but only with the approval of the Lieutenant Governor in Council and only (a) by way of loan from the government (i) for temporary purposes, or (ii) for other purposes to the extent permitted under The Financial Administration Act ; or (b) for temporary purposes by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution. Advance out of Consolidated Fund 16(2) Money required for a loan from the government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act . S.M. 2022, c. 14, s. 28 . Fiscal year 17 The fiscal year of Travel Manitoba is to be the period established by the minister. Business plan 18(1) At least four months before the end of each fiscal year, the board must prepare for Travel Manitoba a business plan for the next three fiscal years that is satisfactory to the minister and the board. Content of plan 18(2) The business plan must include (a) a statement of Travel Manitoba's assets and liabilities; (b) a description of the extent to which Travel Manitoba is carrying out its last business plan; (c) a statement of its projected revenue and expenditures for the first fiscal year of the plan; and (d) any other information the minister requires. Audit 19 The board must appoint an independent auditor to audit the records, accounts and financial transactions of Travel Manitoba for each fiscal year. The expenses of the audit are to be paid by Travel Manitoba. ANNUAL REPORT Annual report 20(1) Within four months after the end of each fiscal year, the board must make a report to the minister on the activities of Travel Manitoba during that fiscal year. Content of report 20(2) The report must include the audited financial statements of Travel Manitoba and any other information that the minister may request. Tabling report in Assembly 21 The minister must table a copy of the report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins. GENERAL Regulations 22 The Lieutenant Governor in Council may make regulations (a) respecting policies, procedures and programs, including terms and conditions of programs, for assistance and services provided by Travel Manitoba; (b) governing the dissemination of information about policies, procedures, programs, services and activities of Travel Manitoba; (c) respecting fees or charges for services and programs provided by Travel Manitoba; (d) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for the purposes of this Act. Repeal 23 The Tourism and Recreation Act , R.S.M. 1987, c. T100, is repealed. C.C.S.M. reference 24 This Act may be referred to as chapter T150 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 25 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2004, c. 19 came into force by proclamation on November 18, 2004.