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Science North Act

R.S.O. 1990, Chapter S.4

Consolidation Period: From November 14, 2017 to the e-Laws currency date.

Last amendment: 2017, c. 20, Sched. 8, s. 130.

Legislative History: 1997, c. 34, s. 4, 5; 1998, c. 18, Sched. B, s. 15; 2000, c. 5, s. 24; 2002, c. 18, Sched. A, s. 19; 2004, c. 8, s. 46, Table; 2009, c. 33, Sched. 11, s. 9; 2017, c. 20, Sched. 8, s. 130.

Definitions

1 In this Act,

“Board” means the board of trustees of the Centre; (“conseil”)

“Centre” means Science North; (“Centre”)

“Minister” means the Minister of Culture and Communications or such other member of the Executive Council as the Lieutenant Governor in Council designates to administer this Act. (“ministre”)  R.S.O. 1990, c. S.4, s. 1.

Science North continued

2 (1) The corporation without share capital known in English as Science North and in French as Science Nord is continued.  R.S.O. 1990, c. S.4, s. 2 (1).

Composition

(2) The Centre shall consist of the trustees of the Board.  R.S.O. 1990, c. S.4, s. 2 (2).

(3) Repealed:  2009, c. 33, Sched. 11, s. 9 (1).

Fiscal year

(4) The fiscal year of the Centre begins on the 1st day of April in each year and ends on the 31st day of March in the following year.  R.S.O. 1990, c. S.4, s. 2 (4).

Corporations Act not to apply

(5) The Corporations Act does not apply to the Centre.  R.S.O. 1990, c. S.4, s. 2 (5).

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 2 (5) of the Act is repealed and the following substituted: (See: 2017, c. 20, Sched. 8, s. 130 (1))

Not-for-Profit Corporations Act, 2010

(5) The Not-for-Profit Corporations Act, 2010 does not apply to the Centre, except as prescribed by regulation under clause 16 (1) (c). 2017, c. 20, Sched. 8, s. 130 (1).

Services in French and English

(6) The programs and services of the Centre shall be available in both French and English.  R.S.O. 1990, c. S.4, s. 2 (6).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 11, s. 9 (1) - 15/12/2009

2017, c. 20, Sched. 8, s. 130 (1) - not in force

Objects of the Centre

3 The objects of the Centre are,

(a) to depict to the public and to conduct a program of education, throughout northern Ontario, in the origins, development and progress of science and technology and their relationship to society;

(b) to operate and maintain a model mine;

(c) to collect, develop and exhibit objects and displays and to maintain and operate a museum, science centre and related facilities for the furtherance of the objects of the Centre;

(d) to stimulate the interest of the public, throughout northern Ontario, in matters depicted by the Centre; and

(e) to develop, produce and market exhibits and to sell exhibits and provide consulting services.  R.S.O. 1990, c. S.4, s. 3.

Board of trustees

4 (1) The affairs of the Centre shall be managed and controlled by the Board which shall consist of at least fifteen trustees appointed by the Lieutenant Governor in Council for a term of three years.  R.S.O. 1990, c. S.4, s. 4 (1).

Initial terms of office

(2) Despite subsection (1), on the first appointment of trustees, as nearly as possible, one-third shall be appointed for a one-year term, one-third shall be appointed for a two-year term and one-third shall be appointed for a three-year term.  R.S.O. 1990, c. S.4, s. 4 (2).

Vacancies

(3) Where a vacancy occurs on the Board, the vacancy may be filled for the remainder of the term by appointment in the same manner as the original appointment.  R.S.O. 1990, c. S.4, s. 4 (3).

Reappointment

(4) A trustee may be reappointed for one or more further terms.  1997, c. 34, s. 4.

Chair, vice-chair

(5) The Lieutenant Governor in Council shall designate one of the trustees as chair and another as vice-chair of the Board.  R.S.O. 1990, c. S.4, s. 4 (5).

Compensation

(6) The trustees shall serve without compensation and no trustee shall directly or indirectly receive any remuneration but reasonable expenses incurred by a trustee in the performance of his or her duty may be paid.  R.S.O. 1990, c. S.4, s. 4 (6).

Quorum

(7) A majority of the trustees constitutes a quorum of the Board.  R.S.O. 1990, c. S.4, s. 4 (7).

Section Amendments with date in force (d/m/y)

1997, c. 34, s. 4 - 18/12/1997

Powers of Board

5 (1) The Board has all the powers necessary or convenient to perform its duties or achieve the objects of the Centre.  R.S.O. 1990, c. S.4, s. 5 (1).

Crown agency

(2) The Centre is for all purposes an agent of Her Majesty and its powers may be exercised only as an agent of Her Majesty.  R.S.O. 1990, c. S.4, s. 5 (2).

By-laws

(3) The Board may, subject to the approval of the Minister, make by-laws regulating its proceedings and generally for the conduct and management of its internal affairs.  R.S.O. 1990, c. S.4, s. 5 (3).

Delegation to committees

(4) A by-law establishing a committee of the Board may delegate to the committee such powers and duties of the Board as are determined in the by-law.  R.S.O. 1990, c. S.4, s. 5 (4).

Responsible to Minister

(5) The Board is responsible to the Minister.  R.S.O. 1990, c. S.4, s. 5 (5).

Chair

(6) The chair shall preside at all meetings of the Board and, in the chair’s absence or if that office is vacant, the vice-chair has all the powers and shall perform the duties of the chair.  R.S.O. 1990, c. S.4, s. 5 (6).

Officers and employees

6 (1) The Board may appoint a director of the Centre and the Board may appoint other officers and employees as are considered necessary for the proper conduct of the business of the Centre.  R.S.O. 1990, c. S.4, s. 6 (1); 1997, c. 34, s. 5 (1).

Remuneration of director

(2) The director of the Centre shall receive such remuneration as the Board may determine, payable out of the general fund of the Centre.  R.S.O. 1990, c. S.4, s. 6 (2); 1997, c. 34, s. 5 (2).

Salaries, etc., of employees

(3) The Board may fix the salaries and benefits of the officers and employees of the Centre and may provide for the retirement and superannuation of such persons.  R.S.O. 1990, c. S.4, s. 6 (3); 1997, c. 34, s. 5 (3).

Duties of director

(4) The director of the Centre shall have the management and administration of the Centre, subject to the supervision and direction of the Board.  R.S.O. 1990, c. S.4, s. 6 (4).

Section Amendments with date in force (d/m/y)

1997, c. 34, s. 5 (1-3) - 18/12/1997

Funds

7 (1) The money for the purposes of the Centre shall be paid out of the money appropriated therefor by the Legislature.  R.S.O. 1990, c. S.4, s. 7 (1).

Idem

(2) The Board may acquire property for the Centre by gift, devise, bequest or otherwise, and may expend, administer or dispose of any such property in the promotion of its objects, subject to the terms, if any, upon which the property was acquired.  R.S.O. 1990, c. S.4, s. 7 (2).

Surplus money

(3) Any surplus money shall, on the order of the Lieutenant Governor in Council, be paid into and form part of the Consolidated Revenue Fund.  R.S.O. 1990, c. S.4, s. 7 (3).

Tax exemption

8 (1) The Centre is exempt from taxes imposed under any Act of the Legislature except the Retail Sales Tax Act.  R.S.O. 1990, c. S.4, s. 8 (1).

Deemed exemption

(2) The exemption of real property from taxation granted under subsection (1) is deemed to be an exemption under section 3 of the Assessment Act.  2000, c. 5, s. 24.

Section Amendments with date in force (d/m/y)

2000, c. 5, s. 24 - 01/01/2001

General fund

9 (1) The Board shall establish and maintain a general fund for the Centre which shall consist of all money received by the Centre from any source, except money referred to in subsection 10 (1).  R.S.O. 1990, c. S.4, s. 9 (1).

Idem

(2) The Board may expend money from the general fund of the Centre for the purposes set out in clauses 3 (a), (b), (c) and (d).  R.S.O. 1990, c. S.4, s. 9 (2).

Investment of funds

(3) Money in the general fund of the Centre that is not immediately required for the Centre’s purposes, and the proceeds of all property that comes to the Centre, subject to any trust affecting them, may be invested by the Board, and sections 27 to 31 of the Trustee Act apply, with necessary modifications, to those investments.  1998, c. 18, Sched. B, s. 15 (1); 2002, c. 18, Sched. A, s. 19 (1).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. B, s. 15 (1) - 01/07/1999

2002, c. 18, Sched. A, s. 19 (1) - 29/06/2001

Special fund

10 (1) The Board shall establish and maintain a special fund for the Centre which shall consist of all money received from the sale of exhibits, the provision of consulting services and the income from any investment made under subsection (3).  R.S.O. 1990, c. S.4, s. 10 (1).

Idem

(2) The Board may expend money from the special fund of the Centre only for the purposes set out in clause 3 (e).  R.S.O. 1990, c. S.4, s. 10 (2).

Investment of funds

(3) Money in the special fund of the Centre that is not immediately required for the purposes set out in clause 3 (e) may be invested by the Board, and sections 27 to 31 of the Trustee Act apply, with necessary modifications, to those investments.  1998, c. 18, Sched. B, s. 15 (2); 2002, c. 18, Sched. A, s. 19 (2).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. B, s. 15 (2) - 01/07/1999

2002, c. 18, Sched. A, s. 19 (2) - 29/06/2001

Borrowing power

11 Subject to the approval of the Lieutenant Governor in Council, the Board may borrow money for the purposes of the Centre upon the credit of the Centre and may give such security against any property of the Centre by way of mortgage, debenture or otherwise as the Board determines.  R.S.O. 1990, c. S.4, s. 11.

Trust property

12 Nothing in this Act authorizes the Centre to alienate or use as security any real or personal property given, devised or bequeathed to it with a condition annexed to the gift that the property not be alienated or used as security.  R.S.O. 1990, c. S.4, s. 12.

Auditors

13 The Board shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and transactions of the Centre annually.  R.S.O. 1990, c. S.4, s. 13; 2004, c. 8, s. 46.

Section Amendments with date in force (d/m/y)

2004, c. 8, s. 46, Table - 01/11/2005

Dissolution

14 Upon the dissolution of the Centre and after the payment of all debts and liabilities, the remaining property of the Centre is vested in Her Majesty in right of Ontario.  R.S.O. 1990, c. S.4, s. 14.

15 Repealed:  2009, c. 33, Sched. 11, s. 9 (2).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 11, s. 9 (2) - 15/12/2009

Regulations

16 (1) The Lieutenant Governor in Council may make regulations,

(a) establishing one or more endowment funds in furtherance of the objects of the Centre, and governing such funds;

(b) regulating and governing the use by the public of the facilities, property and equipment of the Centre.  R.S.O. 1990, c. S.4, s. 16 (1).

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 16 (1) of the Act is amended by adding the following clause: (See: 2017, c. 20, Sched. 8, s. 130 (2))

(c) prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Centre.

Penalty

(2) A person who contravenes a regulation made under clause (1) (b) is guilty of an offence.  R.S.O. 1990, c. S.4, s. 16 (2).

Section Amendments with date in force (d/m/y)

2017, c. 20, Sched. 8, s. 130 (2) - not in force

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