Written 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 of the Métis Community Council are relieved of their duties and liabilities, including any liabilities under section 40 of the Not-for-Profit Corporations Act, 2010, to the same extent. 2015, c. 39, s. 13 (2), 27 (1). Limitations on Secretariat’s discretion (3) Nothing in this section prevents the Secretariat from fettering its discretion when exercising the powers of councillors under a written declaration. 2015, c. 39, s. 13 (3). Termination (4) If a written declaration does not provide for its termination, the Secretariat may terminate it by a resolution. 2015, c. 39, s. 13 (4). Winding up by court (5) A Métis Community Council may, in addition to the circumstances set out in clause 136 (b) of the Not-for-Profit Corporations Act, 2010, be wound up by order of a court, if the court is satisfied that a written declaration made in relation to that Métis Community Council entitled the Secretariat to demand the dissolution of the Métis Community Council after the occurrence of a specified event and that event has occurred. 2015, c. 39, s. 13 (5), 27 (2). When reference to written declaration included (6) A reference in the following provisions of the Not-for-Profit Corporations Act, 2010 to a corporation’s articles is, when applied to a Métis Community Council, deemed to include a reference to any written declaration made under subsection (1) in relation to that Métis Community Council: 1.  Subsection 8 (6). 2.  Subsection 16 (3). 3.  Subsection 17 (1). 4.  Clause 19 (1) (a). 5.  Subsection 42 (1). 6.  Clause 43 (2) (b). 7.  Subsection 47 (1). 8.  Clause 84 (1) (c). 9.  Sections 85 and 86. 10.  Clause 92 (1) (a). 11.  Subsection 95 (2), except that the reference in that subsection to amendments to the articles does not apply with respect to a written declaration. 12.  Section 191. 13.  Subsection 199 (1). 2015, c. 39, s. 27 (3). When subject to written declaration (7) Section 21 and subsection 43 (3) of the Not-for-Profit Corporations Act, 2010, as they apply to a Métis Community Council, are subject to any written declaration made under subsection (1) in relation to that Métis Community Council. 2015, c. 39, s. 27 (3). Section Amendments with date in force (d/m/y) 2015, c. 39, s. 27 (1-3)
- 19/10/2021 2017, c. 20, Sched. 7, s. 80 - 13/01/2018